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(영문) 대구지방법원 김천지원 2018.09.18 2018고단679
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any medium access to electronic financial transactions while demanding or promising the payment therefor.

Nevertheless, the Defendant, on March 20, 2018, lent an account to use for non-cocoin entry and withdrawal from a person whose name is unknown at the old-end office of the U.S. located in 399 according to the old-end Si of the Gu and the Si of the U.S. (U.S.) around 11:37, 2018 to KRW 3 million per week by lending it to a non-coin entry and withdrawal.

“After receiving the proposal, the Defendant sent a physical card connected to the National Bank Account (Account Number B) in the name of the Defendant to a person whose name is unknown, and lent an access medium to notify the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on replies;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) lent the Defendant’s access medium connected to the Defendant’s account as monetary consideration.

The above-mentioned access media leased by the defendant was actually used for the crime of fraud of an unidentified person.

However, the Defendant recognized and reflected the instant crime.

The defendant has no history of criminal punishment.

After the crime of fraud by a person whose name is unknown, the Defendant reported the loss of the physical card, thereby not withdrawing the amount of damage. Ultimately, the amount of damage was returned to the said defrauded.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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