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(영문) 의정부지방법원 2019.01.24 2018고단5028
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

On July 24, 2018, the Defendant: (a) received a proposal from a name-free person that “if he/she lends a physical card, he/she will use it for five days for the purpose of tax reduction and exemption; and (b) received a proposal that “The Defendant will pay KRW 3 million for the fee; and (c) delivered a physical card connected to the Defendant’s name-free account (D) in front of the Namyang-si, the Defendant sent one copy of the physical card to the name-free person.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes as a result of execution of warrant for search, seizure;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after crimes, under the conditions below a fine of three million won.

The circumstances unfavorable: The circumstances favorable to the point that the victim was incurred due to the account lent by the defendant: The confession of the crime of this case and the first crime;

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