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(영문) 대구지방법원 서부지원 2019.06.27 2018고단1440

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around December 19, 2017, the Defendant, in the vicinity of the Daegu Dong-gu C Bank, lent the means of access under the Electronic Financial Transactions Act by delivering one copy of the physical card connected to the D bank account (E) under the name of the Defendant to the person under whose name the name “to have the C Bank lend the e-mail card.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the transfer transaction certificate and financial transaction details;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the fact that the defendant is allowed to commit the crime late, and the defendant does not have a criminal record for the same crime and has no criminal record for the punishment heavier than the suspension of execution is favorable to the defendant.

The sentence was determined as the order by actively taking into account the circumstances favorable to the defendant.