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(영문) 대구지방법원 2020.08.13 2020고단2519
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

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, around March 3, 2020, the Defendant received a proposal from a person who was not the name of the deceased and consented to the lending of a check to the effect that he will remove the principal and interest of the loan, and then sent a copy of the check to the person who was not the name of the Defendant’s association account (E) by using cargo delivery from the C Center located in Daegu Dong-gu, Daegu-gu, and then sent a copy of the check to the person who was the name of the deceased using the cargo delivery.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage;

1. Detailed details of the results of the transfer, the details of the financial information reply, and the Kakao dialogue;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Although the defendant’s error in sentencing is not somewhat weak in Article 334(1) of the Criminal Procedure Act of the provisional payment order, the sentencing conditions, such as the defendant’s age, environment, means and result of the crime, circumstances after the crime, economic situation, etc., are considered in light of the following factors:

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