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(영문) 대구지방법원 2018.11.20 2018고단3783
전자금융거래법위반
Text

Defendant shall be punished by a fine of five 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 borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on July 10, 2018, the Defendant has to accumulate a transaction performance from a person who has no name but has lower credit rating.

In response to the proposal, the account number and password of the National Bank Account (C) were sent to the defendant's name, and the account number and password were sent to the defendant's home in Daegu Suwon-gu D through Kwikset-si's Kwikset-si service.

Accordingly, the Defendant, even though being aware of being used in the crime, lent a accessible medium to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 of the same Act, and the selection of fines;

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

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

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