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(영문) 대구지방법원 서부지원 2018.05.24 2018고단375
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium while demanding, demanding or promising to receive compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on November 23, 2017, the Defendant received 600,000 to 200,000 won per week from a person in the name in front of the Daegu-gu Seo-gu B, Daegu-gu, and sent a physical card linked to the national bank account in the name of the Defendant to Kwikset through Kwikset’s service and instead sent it to the person in the name in the name in question.

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 on financial transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. Strict punishment is required for acts such as lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage in relation to the access media that the defendant lent.

However, the defendant's mistake is recognized and reflected, and the defendant has no criminal history, considering the circumstances favorable to him.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

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