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(영문) 대구지방법원 2019.04.30 2019고단920
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on May 17, 2018, the Defendant received a proposal from a nameless person who misrepresented to a borrower company's staff member and consented to the purport that "if he/she sends a check, he/she would make a false statement of transactions of withdrawal and then get a loan, and then return the check," and then sent a copy of the check to a nameless person using Kwikset in front of the Defendant's residence located in Daegu-gu Nam-gu B, Daegu-gu, at around 15:30 of the same month, using Kwikset in front of the Defendant's residence.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as the details of remittance;

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

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