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(영문) 대전지방법원 2019.11.25 2019고정1006

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall transfer or acquire any electronic card or other electronic information equivalent thereto, which is necessary for electronic financial transactions, or borrow or borrow such card or other electronic information while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute such means of access, unless otherwise provided for in other Acts.

On March 13, 2019, the Defendant: (a) made a proposal to the effect that “on the face of sending a cream card, the Defendant would have borrowed a loan by accumulating a false deposit and withdrawal performance; and (b) opened one cream card in the name of the Defendant’s bank account under the name of the Defendant.”

Accordingly, the Defendant promised to receive the cost of the means of access used in electronic financial transactions and lent it to others.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant laws concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access leased by the Defendant was used for the crime of licensing.

However, the defendant did not gain profit from the crime of this case.

There is no criminal record for the defendant.

The sentencing conditions, such as the defendant's age, character and behavior, motive, means and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account all the sentencing conditions as shown in the arguments, including equity with the punishment examples of the same or similar incidents.