beta
(영문) 대구지방법원 2018.12.20 2018고단4779

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 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 in using or managing the access medium.

Nevertheless, on July 10, 2018, the Defendant received a proposal from a person who was in the name in the name of the Defendant through the Kakakao Stockholm, and consented to the proposal, stating, “When sending the Kaka cards, he will raise credit points by making the transaction details, and return the Kaka cards.” On July 12, 2018, the Defendant sent the Kakao Stockholm to Kwikset, which was linked to the Kao Stockholm’s bank account in the name in the name of the Defendant, and notified the Kakao Stockholm to Kwik.

Accordingly, the Defendant, knowing that it will be used for crime, lent access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. The document and written statement of the F;

1. Application of Acts and subordinate statutes to the details of transfer and account transactions;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 defendant's leased access media shall be led to confession and reflect in favor of the fact that it was used in committing a fraud: The primary offender shall be determined as ordered in consideration of various circumstances shown in the pleadings of the instant case, such as the defendant's age, sex, behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime;