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(영문) 대구지방법원 2018.12.20 2018고단4771

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

Nevertheless, on September 3, 2018, the Defendant: (a) received a proposal from the person B’s agent, who sent the Kakao Kakao Stockholm, stating, “When sending the Kaka card, he will have raised credit points by accumulating the transaction performance; and return the Kaka card; and (b) accepted it; (c) on September 3, 2018, the Defendant sent one Kaka card connected to the Defendant’s bank account under the name of the Defendant to Kwikset service; and (d) notified the password to the Defendant’s office.

Accordingly, the Defendant, knowing that it will be used for crime, lent access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the payment receipt, customer information inquiry table, and details of transactions of admission and withdrawal;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act: The defendant's leased access media recognizes and reflects errors in the circumstances that are favorable to the use in committing fraud: the primary offender, and the defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.