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(영문) 대구지방법원 서부지원 2018.07.24 2018고단517

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, or lend or take over any access medium in return for payment or in return for promise.

Nevertheless, on November 23, 2017, the Defendant borrowed a physical card from the Defendant’s residence located in Seogu Daegu-gu, Daegu-gu, to receive KRW 3 million per month, and sent a copy of the physical card connected to the Defendant’s name bank account (C) to a person who was designated by his name in its name in direct delivery.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage to D;

1. Application of Acts and subordinate statutes to a written confirmation of the execution of a search and seizure inspection warrant and the deposit electronic finance of damaged money;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. Strict punishment is required for acts such as lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage in relation to the access media that the defendant lent.

In particular, even though the defendant had an opportunity to call about the illegality of an access medium due to the fact that the defendant was investigated on the transfer charge of the access medium, the liability for the crime of this case is not less than that of this case immediately after the occurrence of such opportunity.

However, the defendant's mistake is recognized and reflected, and the defendant has no record of the same type of punishment and the suspension of execution or more severe punishment shall be considered as a favorable condition.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.