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(영문) 대구지방법원 서부지원 2021.01.07 2020고단1878
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall issue a transaction instruction in electronic financial transactions or lend any access medium used to secure the authenticity and accuracy of users and the details of such transaction in return for the payment, demand or promise to do so.

Nevertheless, on March 30, 2020, the Defendant: (a) received a proposal from a person who misrepresented the loan company’s staff member to “if sending a e-mail card, he will execute the loan”; and (b) accepted it; (c) delivered one e-mail card connected to the Defendant’s name (E) account in front of the Daegu-gu apartment B apartment C heading, Daegu-gun, by Kwikset through Kwikset.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the F’s results of the transfer of the F’s statement, the contents of the Kakao Stockholm dialogue, and the application of the reply statutes governing requests for

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on the selection of punishment

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

1. The act of lending an access medium for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be used as a means of another crime, under the circumstances where the relevant crime is not good, and the Defendant’s lending medium was actually used for fraud.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession of the crime of this case and his mistake is divided, there is no benefit from the crime of this case, there is no record of criminal punishment, and the defendant's age, sexual conduct, environment, family relationship, means and result of the crime of this case, etc., shall be determined as ordered by considering all the sentencing conditions specified in the arguments of this case.

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