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(영문) 대구지방법원 2019.07.24 2019고정567

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or lend any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in return for consideration.

Nevertheless, the defendant accepted a proposal that he will loan up to 6 million won from a person who assumes the personal lending company's staff to send a physical card from a person who assumes the personal lending company. On December 17, 2018, the defendant lent a physical card card to a person who sent it to a person who is not his name through Kwikset Service Officer (C).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the remittance certificate or the Acts and subordinate statutes governing the financial data submission;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there are extenuating circumstances, such as the fact that the defendant's cream card for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used for a financial lending fraud crime, and the victim was accused of 5.8 million won, and the damage has not yet been recovered, the decision is made as above on the grounds that the defendant has no profit from the crime of this case, has no profit from the crime of this case, has no record of punishment, and has difficulties to cope with the fines specified in the summary order, taking into account the defendant's age, character, conduct and family relationship, etc.