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(영문) 대구지방법원 서부지원 2018.10.02 2018고단1903

전자금융거래법위반

Text

Defendant shall be punished by a fine of four 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 or receive a cash card, a password necessary for using the cash card, and a cash card issued by a financial institution, or a passbook, etc. when demanding, demanding, or promising to provide, demand, or promise the price therefor.

Nevertheless, on March 2018, the Defendant, via a mobile phone, sent a contact to the effect that “The Defendant would use the check card for five (5) days from the lending of the check to be used for the reduction of or exemption from taxes, which is a liquor company, and pay KRW 3 million,” and that he had the intention to lend the check card connected to the account in the name of the Defendant.

On March 13, 2018, the Defendant sent a physical card, which is linked to the account (B) in the name of the Defendant at the post office of post office in the Seogu-gu, Daegu-gu, Seogdong, via one house, to the name in secret, and notified the password of the above physical card by telephone.

As a result, the defendant promised to pay for the price, and lent the electronic financial transaction access media to the name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes on account transfer receipts;

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 means of other crimes, such as telephone finance fraud and tax evasion.

In fact, fraud was committed in relation to the access media that the defendant lent.

However, the fact that the defendant has recognized his mistake and is against the defendant, and that there is no significant penalty history exceeding the same type of punishment or fine, etc. shall be considered in favor of the defendant.

In this context, the defendant's age, including the background of lending the media of this case.