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(영문) 대구지방법원 안동지원 2018.10.16 2018고단337
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, the Defendant called from a person whose name was unknown on April 6, 2018, that “I would, in order to receive alcoholic beverages, lend his account and physical card to him for three days, use three million won per week.” On the same day, through C in the permanent residence city B around 15:00, the Defendant informed the above person in Busan of the account number and password via a phone with a copy of the personal bank account (number D) in the name of the Defendant, which is an access medium necessary for the electronic financial transaction in the bank account in the name of the Defendant.

As a result, the defendant promised to receive the price, and lent the access media necessary for electronic financial transactions to others.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to confirm transfer transactions, and to report investigations;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment)

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant lent the instant electronic financial access medium; (b) the Defendant actually committed the instant electronic financial access fraud; (c) the Defendant did not have the record of the same kind of crime; and (d) the Defendant did not withdraw the amount of damage acquired by the said fraud; (c) the Defendant recognized the Defendant’s mistake and reflect in depth; (d) the Defendant’s age, sex behavior, intelligence and environment; (e) relationship with the victim; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime.

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