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(영문) 대구지방법원 2019.02.21 2019고단209
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around November 4, 2018, the defendant, who misrepresented the borrower, proposed that "the defendant will make the details of entry and withdrawal in order to raise credit, make the details of entry and withdrawal, and raise the credit in consideration of the credit," from the nameless person who misrepresented the borrower. On the same day, the defendant opened a copy of the check-related card connected to the Cbank (D) account in the name of the defendant, through Kwikset service article, which sent the non-member of the name in front of the Daegu Dong-gu, Daegu-gu, B.

Accordingly, the Defendant knowingly lent the means of access to the account to a person with no name even though he could be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of the deposit certificate and the F dialogue;

1. Application of statutes, such as an application for opening an account and details of transactions;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the defendant's provisional payment order: The circumstance in which the means of access lent by the defendant was used for the crime of fraud is recognized and reflected: The primary offender is the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances shown in the arguments in the instant case, such as the circumstances revealed after the crime, shall be determined as ordered, taking into consideration.

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