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(영문) 대구지방법원 2019.08.13 2019고단3117
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

In using and managing the means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, with the knowledge that they are to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

Nevertheless, on April 11, 2019, the Defendant: (a) received a proposal that “I would have a loan by means of false listing as B employee; (b) would make a false statement from the account to be deposited in the account; and (c) would have been the B employee; (d) on the same day, I sent one copy of the C Card connected to the D Bank Account (E) in the name of the Defendant through a printed article sent by the non-member in the name of the Defendant at the “C cafeteria” located in Daegu North-gu, Daegu-gu, Seoul-gu, and sent the account number and password of the said account to the non-member; and (e) notified the phone number and password by telephone.

Accordingly, the Defendant knowingly lent the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement of account transfer;

1. A detailed statement, etc. of accounts of the D bank;

1. A copy of a bankbook;

1. Application of Acts and subordinate statutes, such as writing and domains;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the defendant's provisional payment order: Circumstances that are favorable to the use of the leased means of access in the fraud: confession and reflect; the primary offender; the defendant's age, character and conduct, environment, family relationship; motive and consequence of the crime; and circumstances shown in the arguments in the instant case, such as the circumstances after the crime, shall be determined as ordered, taking into consideration.

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