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(영문) 대전지방법원 2019.03.22 2019고정204
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall commit any act of lending the means of access in return for promising the acceptance of consideration.

Nevertheless, on October 2018, the Defendant accepted the proposal to the effect that the Defendant would give 2.7 million won in return for the lending of the check from an unsatisfe who had contacted the phone for three days.

Accordingly, on October 24 of the same year, the defendant sent the above name in front of the Seo-gu Daejeon apartment, through Kwikset Service Articles, through Kwikset service article, and sent a physical card connected to the Cbank account (Account Number: D) in the name of the defendant and a physical card connected to the C Bank account (Account Number: Account Number: E) in the name of the defendant, and notified the above person in the name of each password to F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol of the police against the defendant and the photograph of the victim's text messages attached thereto and the details of F dialogues;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the criminal place, internal investigation report, investigation report and investigation result report;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 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, based on the reason for sentencing under Article 334(1) of the Criminal Procedure Act, is recognized that the Defendant lent the means of access to an electronic financial transaction. As such, the safety and reliability of the electronic financial transaction may not only be undermined, but also may be abused for other crimes. In fact, the Defendant’s check that the Defendant lent was used for other crimes, and the circumstances unfavorable to the Defendant are recognized.

However, the defendant made a confession of the crime of this case and reflects the mistake in depth, and the defendant is currently suffering dynamic disorder.

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