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(영문) 대구지방법원 안동지원 2019.01.08 2018고단617
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On January 8, 2018, the Defendant agreed to receive money from a person whose name is not known to him/her in return for the lending of the check, and promised to receive money at the expense of leasing the check, and then on January 12, 2018, the Defendant issued a copy of the check card connected to the bank account in the name of the Defendant (C) at his/her own house from the post office located in Ansan-dong, Busan-dong, Busan-dong.

Accordingly, the Defendant promised to receive compensation and lent the means of access necessary for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each internal investigation report and investigation report, and the application of Acts and subordinate statutes of dialogue content;

1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant was to lend the means of access to the instant electronic finance; (b) the Defendant actually committed the scaming fraud; (c) the Defendant did not have the same criminal records; and (d) the Defendant was to recover the damage because the said source of damage was not withdrawn; (d) the Defendant was to recognize and reflect the Defendant’s mistake; and (e) the Defendant’s age, character and conduct, intelligence and environment; (e) the relationship with the victim, motive, means and consequence of the crime; and (e) the circumstances after the crime.

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