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(영문) 대구지방법원 2019.07.04 2019고단1935
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around December 6, 2018, the Defendant received a proposal from a person under whose name the Defendant misrepresented “B” employee to the effect that “B” will have a higher credit point by repeatedly making a transaction performance by sending a physical card, and then return the physical card.” On the same day, the Defendant sent one copy of the physical card linked to the Daegu Bank Account (Account Number: D), the Agricultural Bank Account (Account Number:Account Number: E), and the community credit cooperative account (F and G) account, respectively, to the person under whose name the Defendant was named, using Kwikset in Daegu-gu C and the front path.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. A detailed statement of entry and withdrawal transactions;

1. Seizure warrants and correspondence materials;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is to listen to the phrase that the defendant will grant a loan by making a performance record, and the means of access possessed by the defendant is not easy.

However, the defendant was aware of the crime of this case, the first offender, and the statement that the account should be created for the loan, and the defendant also sent his money to the nameless person for the performance.

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