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(영문) 대구지방법원 안동지원 2018.11.06 2018고단438

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on May 13, 2018, the Defendant is a liquor company from a person whose name is unknown, and thus, the Defendant is going to pay the account fee if he/she lends the account to the liquor company for tax reduction or exemption.

“The”, upon receiving contact, agreed to lend the e-mail card to it, sent one copy of the e-mail card, which is an access medium necessary for the electronic financial transaction of (C) the Defendant’s account in the name of the Defendant, to the e-mail B building at Ansan-si around May 15, 2018 and the Defendant’s house located in No. 307.

Accordingly, the Defendant promised to receive the price, and lent the access media necessary for electronic financial transactions to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry into details of financial transactions and application of Acts and subordinate statutes on internal investigation reports;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment)

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant lent the instant electronic financial access medium; (b) the fact that the Defendant actually committed the instant electronic financial access fraud; (c) the extent of damage therefrom; (d) the Defendant did not have any record of committing the same kind of crime; (e) the Defendant recognized the Defendant’s mistake and reflect in depth; and (e) the Defendant’s age, sexual conduct, intelligence and environment; (f) relationship with the victim; (c) motive, means, and consequence of the crime; and (d) the circumstances after the crime.