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(영문) 대구지방법원 서부지원 2018.01.09 2017고단1203
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on February 16, 2017, the Defendant: (a) received a proposal from a person under his/her name, stating that “I will give a maximum of two million won per account if I borrowed an account for three days; (b)” and consented thereto; and (c) sent the head of the physical card to the national bank account (C) in the name of the Defendant on the 3rd floor of Daegu-gu, Seogu, Daegu-gu, Seoul, via Kwikset-gu, through an article of Kwikset-based services; and (d) lent the access medium with a promise to notify the above person under his/her name of the password by telephone of the identification number of the above physical card.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. A detailed statement of deposit and financial transaction reply;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographic photographs of body knife cards);

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is a crime that facilitates the fraud of the so-called “singing” which is socially problematic. It is not good that the crime is committed in that the Defendant’s illegally lent access media actually used to commit the above fraud and actually generated the victim.

However, in consideration of the fact that the defendant was the first offender, and that his mistake is contradictory to each other, that the defendant could not obtain economic benefits in this case, and that the defendant could not obtain economic benefits in this case, the defendant's age and all other sentencing conditions shown in the arguments in this case, the punishment as the order shall be determined.

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