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(영문) 대구지방법원 서부지원 2020.05.13 2019고단2756
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, on June 24, 2019, the Defendant listened to the purport that “the Defendant would sell alcoholic beverages to a person who is unable to know his/her name, and would offer the e-mail card one million won per day on the opening of the e-mail lease for three days.” On July 1, 2019, the Defendant sent two e-mail cards to a person whose name is not known through the e-mail program, which are linked to the Defendant’s name Cr(D) and E-bank’s account (F) from Daegu-gu, Daegu-gu around July 1, 2019.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. On January 23, 2019, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to two years of imprisonment for a violation of the Emergency Medical Service Act from the Seo branch branch of the Daegu District Court, and the judgment became final and conclusive on January 31, 2019, committed the instant crime during the period of probation.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant has a depth of his mistake and the benefit of this case seems to be nonexistent; the defendant has no record of the same kind of crime; the defendant's age, occupation, character and conduct, family relationship, and circumstances after the commission of the crime.

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