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(영문) 대구지방법원 2019.05.16 2019고단1538

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 may lend a means of electronic financial transaction in receiving, demanding or promising any consideration.

Nevertheless, on September 17, 2018, the Defendant received a proposal from a person who assumes a false name named “B Company C Head” from a person who assumes a false name, and borrowed a check with a promise to pay for it. On September 17, 2018, the Defendant: (a) around September 13:30, 2018, issued a physical card connected to the nameless Kwikseter’s account (F)’s account under the name of the Defendant to the Kwikseter’s service engineer D in the nameless name-based on the street, and (b) lent the check.

Accordingly, the Defendant promised to receive and lent the physical card, which is the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement concerning G;

1. Application of Acts and subordinate statutes concerning internal investigation reports (Analysis of details of transactions of accounts exploited by fraud);

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. 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.