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(영문) 대구지방법원 안동지원 2019.02.08 2018고단696
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court’s Ansan Branch on June 21, 2018, and two years of suspended execution, which became final and conclusive on June 29, 2018, and is currently under suspended execution.

【Criminal Facts】

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 16, 2018, the Defendant, upon receiving a proposal from a person with no personal name, proposed that “The card needs to be lent for 3 to 50,000 won per day due to tax issues, will be paid 80,000 won per day.” On the same day, the Defendant, who agreed to receive 80,000 won per day, and provided the means of access by delivering one physical card connected to the account under the name of the Defendant through Kwikset service engineer in front of the permanent residence of B on the same day.

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A list of transactions;

1. Investigation report (Submission of suspect's detailed data on applications for suspension of check cards);

1. Previous convictions: Inquiry reports and the application of Acts and subordinate statutes concerning investigation reports (verification during the period of suspension of execution of sentence);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order can be used as a means of access for electronic financial transactions, and in this case, the means of access leased by the defendant was used as a method of other crimes and damage was incurred.

The defendant is not familiar with the defendant during the period of suspension of execution for crimes of foreign race.

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