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(영문) 대구지방법원 서부지원 2020.01.09 2019고단1774
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

[Criminal Power] On June 20, 2019, the Defendant was sentenced to imprisonment with prison labor for four months for fraud and two years for suspended execution in the Seo-gu District Court Branch Branch of the Daegu District Court, and the said judgment became final and conclusive on June 28, 2019.

【Criminal Facts】

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 1, 2019, the Defendant received a proposal to the effect that he would lend the physical card to B by using it for three days, and consented thereto. On the same day, the Defendant sent one physical card connected to the bank account under the name of the Defendant at the agency located in Daegu or does not exceed Daegu, and sent the password to B message.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A certificate of deposit, response to a D bank, text message, etc.;

1. Previous records: Criminal records and application of statutes governing judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lending of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the crime is not good, and the fact that the means of access leased by the defendant was actually used for the fraud crime is unfavorable.

However, the defendant makes a confession of the crime of this case.

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