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(영문) 제주지방법원 2019.08.23 2019고단1011
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

On February 8, 2019, the Defendant accepted the proposal that “If he/she lends his/her physical card to a alcoholic beverage company for three days, he/she will be paid two million won per head.” On February 8, 2019, the Defendant sent the physical card to the purchaser in the name of the Defendant in the C company located in the name of the Defendant in the name of the Defendant in the City of Jeju, around February 8, 2019, along with clothes and figures, and lent one copy of the physical card, which is the means of access, to whom he/she promised to notify the password through E.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement on the F of the police preparation;

1. Application of each Act or subordinate statute to descriptions such as a certificate of confirmation, statement of liquidity transactions, and copy of deposit transaction records;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences under the law】 Fine of 50,000 won or 20 million won 【Pronouncement of sentence】 The act of lending means of access is serious social harm as a means of facilitating various crimes, such as tax evasion, Internet gambling, and singing, etc.; the act of lending means of access is serious; and F is damaged by 9,783,320 won by using the Defendant’s lending account; it is advantageous that the Defendant recognized his mistake and divided; at the time of the crime of this case, the account of the financial institution that the Defendant lent to the person under whose name was not the victim was the victim was used for singing.

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