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(영문) 대구지방법원 서부지원 2020.06.18 2019고단2939
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

No person shall transfer or acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around April 14, 2019, the Defendant received a proposal that “to grant a loan at a low interest rate and to request to send a physical card for credit verification” from a person who has no personal standing in Daegu-gu, Dong-gu, and sent the means of access under the Electronic Financial Transactions Act through Kwikset Service, which is linked to the Korea bank account under the name of the Defendant.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of data submitted to victims- a detailed statement of transactions and the statutes governing response data by financial institutions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the act of transferring a means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the nature of the crime is not good, and the fact that the means of access transferred by the defendant was actually used for the crime of fraud is disadvantageous.

However, in light of the fact that the defendant led to the crime of this case, and the mistake is divided, there is no record of criminal punishment, the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.

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