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(영문) 대구지방법원 서부지원 2020.04.21 2019고단2859
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 may transfer any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.

On July 5, 2019, the Defendant sent a physical card connected to the Cbank account (D) in his/her own residence in the Daegu-gu Office B, Daegu-gu, to the party under whose name the card was named, and notified the password through the Kakao Stockholm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Letters, certificates of details by member trading account, and replies;

1. Application of the Investigation Report (No. 9) Acts and subordinate statutes;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, the defendant responded to the request for provision on the ground of loan, etc., and there are reasons to consider the motive for crime, and the fact that there is no criminal record punished against the defendant.

The sentence was determined as the order by actively taking into account the circumstances favorable to the defendant.

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