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(영문) 대구지방법원 2019.07.18 2019고단831

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 a means of access used in an electronic financial transaction, or store, deliver or distribute a means of access while receiving, demanding or promising to receive compensation.

Nevertheless, around February 5, 2018, the Defendant received a proposal from a name-free person to the effect that “if he/she lends a e-mail card connected to an account as a alcoholic beverage company, he/she will give 3 million won and return e-mail card.” On the same day, the Defendant sent one e-mail card connected to the e-mail account (D) in the name-free person under the name of the Defendant through Kwikset Service’s article in front of the Defendant’s work.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Request for the provision of financial transaction information and reply;

1. Application of the Acts and subordinate statutes to the contents of text messages conversation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The leased means of access, which are favorable to the use of the scaming crime, shall be led to confession and reflect: the primary offender; the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime; and other circumstances shown in the arguments in the instant case, including the circumstances after the crime, shall be determined as ordered, taking into consideration.