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(영문) 대구지방법원 2018.10.18 2018고단3864

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

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 July 4, 2018, the Defendant received a proposal to the effect that “When sending a physical card, the Defendant will increase the credit rating by repeating the entry and withdrawal of the card,” and consented thereto, and then sent a copy of the physical card, which was linked to the new bank account (Account Number: D) opened in the name of the Defendant in front of the same day, to the nameless person in the name of the Defendant at around the same day.

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. A copy and written statement of the E preparation;

1. Application of Acts and subordinate statutes, such as inquiry of financial transaction details and financial transaction statement;

1. Relevant legal provisions on criminal facts, Articles 49(4)2, 6(3)2, and 6(3)2 of the Act on the Selection of Electronic Financial Transactions and the Selection of Fines for criminal facts (it is highly harmful to the society of the crime of this case, and the access media that actually leased by the defendant was used for the crime, etc., although not less than the nature of the crime, the fact that the defendant's mistake is against the defendant, that the defendant did not obtain any economic benefits due to the crime of this case, that the actual damage actually occurred due to the fact that most of the damage amount is minor, and that the defendant is the first offender who has no record of the crime)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;