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(영문) 제주지방법원 2019.05.31 2018고단2746
전자금융거래법위반
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.

On August 1, 2018, the Defendant called “foreign bitcoin company, which requires a large amount of bitcoin account to divide virtual currency.” On the same day, the Defendant sent the bit Card associated with the Defendant’s Bbank account in the name of the Defendant to Kwikseter, and lent the password to the Nonindicted Coiner by informing Kwikseter of the password.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Application of each of the Acts and subordinate statutes recorded in the authenticity and written statements of E;

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 caused by facilitating various crimes, such as tax evasion, Internet gambling, and singing, and thereby causing damage of 5 million won or more: normal circumstances that are favorable for the Defendant to the Defendant’s lending account; the Defendant recognized and divided the Defendant’s mistake; there is no evidence to prove that there was no evidence to prove that the financial institution account of which the Defendant lent to the underpaid person at the time of the instant crime was used for singing; E appears to have been recovered by taking measures immediately against the Defendant’s financial institution account; and there is no previous conviction for the Defendant.

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