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(영문) 대구지방법원 2018.11.06 2018고단3713
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 borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on May 2018, the Defendant extended the credit by repeatedly sending a card that can be deposited and withdrawn from the name of the first police officer by telephone, and then returned the card.

On May 18, 2018, the proposal was received and accepted, and then sent one credit card connected to the account (Account Number: D) in the name of the defendant to the non-standing party in the name of the defendant at around 18:00 P.M. B. on May 18, 2018.

Accordingly, the Defendant lent access media used for electronic financial transactions while knowing that it will be used for crimes such as fraud, violation of the Act on Real Name Financial Transactions and Confidentiality.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on response to transaction details of bank accounts in A;

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) 3 of the same Act, and the selection of fines;

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

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

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