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(영문) 대구지방법원서부지원 2020.11.25 2020고단1667
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, on January 3, 2020, the Defendant listened to the statement that “the Defendant gave KRW 200,000 won per day of lending the passbook and body car,” from the person under whose name the Defendant came to know through the Internet advertisement. On February 3, 2020, around 17:25, the Defendant received KRW 200,000 as the rent from the D Bank (E) account in the name of the Defendant’s name, via the cargo, a passbook and physical card connected to the Defendant’s name, at the center of the G bank account in the name of the Defendant at around 29, Young-gun-gu, Seoul Special Metropolitan City, a city bus terminal at around 29:25, around February 3, 2020.

Accordingly, the Defendant received compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of F, G, H and I;

1. Application of Acts and subordinate statutes concerning dialogue between telegrams;

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) concerning criminal facts, the choice of fines, and the choice of fines

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the fact that the reason for sentencing of the provisional payment order is divided; (b) the injury inflicted upon the victims concerned; and (c) the Defendant’s age, character and conduct, motive or circumstance of the crime; (b) the means and method of the crime; and (c) the details and consequence of the crime; and (d)

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