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(영문) 대구지방법원 서부지원 2018.03.27 2017고단1475

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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on December 16, 2016, the Defendant received a proposal from a person who was in the name of the Defendant, stating that “The Defendant would lend a card to the extent of KRW 3,50,000 to the face-to-face fee that is necessary for savings,” and consented thereto. On the same day, the Defendant put the cash card connected to the Agricultural Bank Account (C) and the paper of the Defendant’s name in the Defendant’s residence in Daegu Seo-gu-gu, Daegu-gu, into the box, and then sent the above box to the door-to-door engineer who sent the above name.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written petition;

1. Search and seizure inspection warrant, - reply note;

1. Application of Acts and subordinate statutes to a investigation report (related to the list of accounts deposited by the victim), investigation report (attached to the statement of transactions in the agricultural bank account);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is a crime that facilitates the fraud of the so-called “singing” which is socially problematic. It is not good that the crime is committed in that the Defendant’s illegally lent access media actually used to commit the above fraud and actually generated the victim.

However, in consideration of the fact that the defendant was the first offender, and that his mistake is contradictory to each other, and all of the sentencing conditions shown in the arguments in this case, such as the defendant's age, etc., the punishment as ordered shall be determined.