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(영문) 대구지방법원 서부지원 2018.05.21 2018고단532

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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 lend any access medium while demanding, demanding or promising to receive compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on September 24, 2017, the Defendant received KRW 900,000 per day from a person in the name in front of the Seo-gu Seo-gu, Daegu-gu, and delivered a copy of the physical card connected to the Defendant’s name in his name to Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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.

However, the defendant's mistake is recognized and reflected, and the defendant has no criminal history, considering the circumstances favorable to him.

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 relations, etc., shall be determined as the order.