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(영문) 대구지방법원 2017.08.10 2017고단3231
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 person shall borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.

Nevertheless, around 10:30 on April 18, 2017, the Defendant sent a personal bank account (C) in the name in the name of the Defendant to the person under whose promise to pay was made by telephone in front of his/her own residence located in Busan City, Si-si B, informing him/her of the password of the personal bank account (C) in the name of the Defendant, and sent the personal card to the above person under whose name the personal name was in the name of the Defendant.

Accordingly, the defendant lent a medium of access to electronic financial transactions to another person promising to pay.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a warrant of search and inspection of seizure;

1. The pertinent legal provisions on criminal facts and Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and Selection of Fines (it is highly harmful to the society of the crime of this case, and the access media actually leased by the Defendant was used for phishing crimes, etc., although not less than the nature of the crime, the Defendant’s mistake is against the Defendant, the Defendant appears to have failed to obtain any economic benefits from the crime of this case, and the victim D’s damage amount is not set off by suspending account transaction by the said victim’s account suspension, and the Defendant’s primary crime without any criminal history is considered)

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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