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(영문) 대구지방법원 2018.11.27 2018고단4010
전자금융거래법위반
Text

Defendant shall be punished by a fine of seven 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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for a crime.

Nevertheless, on April 2018, the Defendant received a proposal from a person in the name in the name of the Defendant to the effect that “to make and borrow a loan from the account in the name of the Defendant” from the person in the name in the name of the Defendant, and sent the physical card connected to the C Bank D account in the name of the Defendant through Kwikset Service.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

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 governing the provision of financial transaction information;

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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