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(영문) 대구지방법원 2019.08.08 2019고단2398
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

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, around March 11, 2019, the Defendant received a proposal from a person who had misrepresented the employees of B virtual currency investment companies to the effect that “When sending a ck card, the Defendant attempted to obtain a loan by raising credit points by means of making transaction performance, and then returned the ck-line.” On the same day, the Defendant sent a ck-line connected to the Dkwi's Association Account (Account Number:E) in the Daegu-gu Cudio.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of statutes on financial transaction information;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution lending the means of access to the phrase that the defendant created transaction performance and made loans, and the responsibility for the crime is not easy because the means of access leased is used for fraud.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, motive for committing a crime and circumstances after committing a crime, etc., are equally considered and the punishment is determined like the order.

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