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(영문) 대구지방법원 안동지원 2018.10.16 2018고단355
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, the Defendant was contacted on March 4, 2018 that “I will give three million won on the face of a week from a person whose name is unknown, who will engage in alcoholic beverage business, and will lend a 15-day physical card.”

5. Kwikset service article sent by any person in front of the Seo-gu Northern-gu C, Seocheon-gu, the head of the physical card, which is an access medium necessary for the electronic financial transaction of the Defendant’s name, was sent to Kwikset-gu, Seocheon-gu, and the password was sent by phone.

As a result, the defendant promised to receive the price, and lent the access media necessary for electronic financial transactions to others.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of information on financial transaction replies and receipt statutes;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant lent the instant electronic financial access medium; (b) the Defendant actually committed the instant electronic financial access fraud; (c) the Defendant did not have any particular criminal history; and (d) the Defendant did not withdraw the amount of the damage acquired by the said deception; (c) the Defendant recognized the Defendant’s mistake and reflect in depth; (d) the Defendant’s age, sex behavior, intelligence and environment; (e) relationship with the victim; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime.

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