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(영문) 대구지방법원 서부지원 2018.10.16 2018고단1514
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 December 28, 2017, the Defendant lent a physical card on the front side of the Daejeon Seo-gu Daejeon Seo-gu Daejeon, the Defendant sent a copy of the physical card connected to the bank account in the name of the Defendant to Kwikset and sent it to the nameless person who would give KRW 1,50,000 to KRW 2 million per head of the 1,50,000 per head of the physical card.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of one copy of deposit receipt, account transaction details, andF guidance;

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 means of other crimes, such as electronic financial fraud and tax evasion.

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

However, the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no criminal history, etc. are considered as favorable circumstances.

In this context, the defendant's age, sex, environment, motive, means and consequence of the crime, including the process of lending the access media of this case, and all the sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime shall be determined as ordered.

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