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(영문) 대구지방법원 서부지원 2021.02.04 2020고단2261
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

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, if the Defendant sent a Kakao mobile card connected to the account to be used for the purchase of a motor vehicle from his/her name in a place where his/her address is unknown on December 20, 2019, he/she would purchase the motor vehicle under the name of the Defendant and export the 6 million won of the fee after purchasing the motor vehicle in the name of the Defendant.

On the 23th of the same month, after receiving a proposal to the effect that “A” was accepted, sent a copy of the C Card connected to the B account under the name of the defendant in the name of the defendant in the country of a monthly well-being located in Daegu-gu, Daegu-gu, Daegu-ro 97, to the name of the defendant, and notified the password of the said account.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry into the details of deposit transactions, a detailed statement of transactions with a warrant of search and seizure, and the application of statutes governing Kakao data;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly adverse to society by not only undermining the credibility of the safety performance of electronic financial transactions, but also undermining the credibility of the safety performance of financial transactions, such as transfer or lending of access media by abusing various illegal acts, such as financial fraud, etc.

In fact, the access media that the defendant lent was used to commit financial fraud.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the defendant does not repeat again after recognizing the crime of this case.

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