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(영문) 대구지방법원 2019.08.14 2019고단1934
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on January 21, 2019, the Defendant received a proposal from a nameless person who misrepresented B employee and consented to the purport that “as if he sent a physical card, he would have a higher credit point by repeatedly making a transaction performance as if he was employed, and then return the physical card.” On the same day, the Defendant sent a copy of the physical card connected to the nameless person under the name of the Defendant’s name using Kwikset’s service.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement prepared by the F;

1. Details of transactions for entry and withdrawal;

1. Application of statutes on the provision of financial transaction information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of all the circumstances, including the fact that the defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lends the means of access itself, there is no history of criminal punishment, and the importance of legal interests infringed upon by the crime of this case, a sentence like the order shall be imposed on the defendant.

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