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(영문) 대구지방법원 2018.11.06 2018고단3609

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on March 2014, the Defendant sent a physical card from a person without the name of a police officer on March 2014, if he/she is informed of the password, he/she would return the physical card after accumulating the transaction performance.

“After receiving and consenting to the proposal, at around March 20, 2014, at the vicinity of the wedding Complex C located in Daegu Dong-gu, Daegu-gu, the non-resident sent one physical card connected to the Agricultural Cooperative Account (Account Number: D) in the name of the defendant to Kwikset Service.

Accordingly, the Defendant lent access media used for electronic financial transactions while knowing that it will be used for crimes such as fraud, violation of the Act on Real Name Financial Transactions and Confidentiality.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a transaction statement to statutes;

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) 3 of the same Act, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant, even in the past, had a record of being investigated due to the lending of a passbook, lent a passbook to a person with no name or a person with no name, and used it for phishing crimes.