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(영문) 대구지방법원서부지원 2020.11.06 2020고단525

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 provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, on November 21, 2019, the Defendant received a proposal from a person who had misrepresented his/her employees to “on the face of sending a physical card, he/she will execute the loan,” and accepted it, and then delivered a physical card connected to the account of community credit cooperatives (B) in the name of the Defendant at the post office located in 1110, Seo-gu, Daegu, Seo-gu, Fagu, Seoul, by using a one copy of the physical card connected to the account of community credit cooperatives (B) in the name

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Application of Acts and subordinate statutes to police statements made by the defendant in his/her court statement C, details of transfer, report on internal investigation (the result of execution of a warrant of search, seizure and inspection)

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020 and enforced from August 20, 202), the selection of a fine for criminal facts, and the selection of a fine

1. The reason for sentencing under Article 70(1) and Article 69(2) of the Criminal Act under the suspended sentence of Article 62(1) of the Criminal Act shows the attitude of the defendant to see and reflect in depth the defendant's mistake, and the defendant has no record of criminal punishment so far, and the defendant also belongs to the crime of this case, and the defendant is living by distinguishing from her husband and is living alone. In addition, the defendant's age, occupation, character, character and behavior, economic conditions, circumstances leading to the crime, circumstances after the crime, etc. shall be determined by taking into account the sentencing factors, such as the defendant's age, occupation, character and behavior, economic conditions, and the circumstances after the crime.