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(영문) 대구지방법원 서부지원 2019.01.16 2018고단2143
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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

No person shall lend or borrow any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution while receiving, demanding or promising the price therefor.

On January 2018, the Defendant was urged to send a physical card from a person without his/her name to a person with no personal identity and to lend a password of KRW 15 million to a person with no personal identity. The Defendant was willing to lend a physical card connected to his/her account under the name of the Defendant.

On February 1, 2018, at the Dowon post office located in the Dowon-dong, Daegu-gu, the Defendant sent one check card connected to B bank account (C) under the name of the Defendant to his name in the door-to-door, and notified the password of the above physical card by telephone.

As a result, the Defendant promised to lend the means of access to electronic financial transactions in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts; the selection of fines (the nature of the crime of this case is grave; however, the defendant is against himself/herself at the time of committing the crime of this case; there is no significant benefit from the crime of this case; the first offender is a first offender; and other various circumstances shown in the argument of this case are considered)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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