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(영문) 대전지방법원 2019.10.25 2019고정830
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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

On February 22, 2019, the Defendant: (a) at the convenience store in front of the Daejeon Seo-gu Daejeon, U.S., Daejeon; (b) on the basis of telephone conversations from a person who has no personal knowledge, “I would like to pay 200,000 won per unit, if I would like to get a reduction of or exemption from taxes for the operation of the trade company” by telephone conversations; and (c) packages one physical card connected to the Agricultural Cooperative (C) account under the name of the Defendant and delivers it to 'Seoul Special Metropolitan City D and 3 stories'.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on financial transaction information;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the confession of the crime of this case and the mistake, the circumstances of this case are considered, the defendant's primary crime, and the crime of this case. However, since the transfer of the means of access for electronic financial transactions may impair the safety and reliability of electronic financial transactions and may be used as other means of crime, the nature of the crime is not good, the means of access transferred by the defendant is actually used for the crime of fraud, and all the other conditions of sentencing shown in the argument of this case including the defendant's age, character, character, environment, family relationship, means of crime and result, etc., shall be determined as per the order.

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