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(영문) 대구지방법원 2019.02.19 2018고단5736
전자금융거래법위반
Text

Defendant shall be punished by a fine of seven 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

[criminal power] On December 6, 2018, the Defendant was sentenced to two years of suspension of execution in the period of eight months from the Daegu District Court due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras), and is currently pending in the appellate trial.

【Criminal Facts】

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, on September 19, 2018, the Defendant: (a) received a proposal from a nameless person who misrepresented as B staff member of the Defendant, stating that “if he sent a physical card, he would make a loan as if he received a monthly wage repeatedly after registering as B employee, and return it; and (b) accepted it; (c) around September 17:00, 2018, the Defendant sent a copy of the physical card connected to the D.D. account (Account Number: E) by using Kwikset in the Defendant’s home located in Daegu-gu Dong-gu, Daegu-gu, Daegu-gu, and then sent one copy of the C.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of damage from the F;

1. Details of transactions of inputs;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification during the continuation of an appeal by a suspect A);

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts;

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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