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(영문) 대구지방법원 경주지원 2021.03.31 2021고정23
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium while giving and receiving, demanding or promising to give and receive consideration, or using and manage any access medium used to give instructions on transactions or to secure the authenticity and accuracy of users and details of transactions.

On June 11, 2019, the Defendant promised to grant a loan from a person who has no name in front of the racing on the street, and sent a physical card connected to the post office account (C) in the name of the Defendant, which is a means of access to the former financial transaction, to the male who sent the above name and notified the password to the Kakao Stockholm.

As a result, the defendant promised to receive the intangible benefit of the loan, and lent the access media of electronic financial transactions.

Summary of Evidence

1. Written statements of the defendant in court;

1. Application of details of transactions and statutes on data on financial transaction information;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transaction Act (wholly amended by Act No. 17297, May 19, 2020) on criminal facts and the former Electronic Financial Transaction Act (wholly amended by Act No. 17297, May 19, 202) on the selection of punishment

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the Defendant’s instant crime for sentencing of Article 334(1) of the Criminal Procedure Act, taking into account the following factors: (a) the victim was used for the instant criminal act; and (b) the Defendant was under the control of it on August 2018 and was relatively old.

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