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(영문) 대구지방법원 서부지원 2018.05.21 2018고단623

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium while demanding, demanding or promising to receive compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on October 11, 2017, if the Defendant sent the physical card on the front side of the office in Daegu-gu, Daegu-gu, Daegu-gu, the Defendant sent the physical card to the name-oriented person who is willing to secure the result of the transaction, and sent the physical card to Kwikset service, which is linked to the post office account (B) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Response to a request for financial transaction information;

1. Application of statutes on the details of Kakao Stockholm text messages

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Strict punishment is required for acts such as lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as tax evasion and hosting.

In fact, there was fraud damage in relation to the access media that the defendant lent.

However, the defendant's mistake is recognized and against the defendant, and the defendant has no record of punishment for the same kind or suspension of execution.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.