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(영문) 대구지방법원 2019.09.18 2019고정740
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

Punishment of the crime

On January 18, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daegu District Court, and the said judgment became final and conclusive on May 2019.

On January 15, 2019, the Defendant received a proposal that “I will pay KRW 3 million if I lend the ck-line card for three months,” from the Buddhist in the morning, and around 13:00 on the same day, I sent the ck-line card (including passwords) connected to the Daegu Bank Account (C) in the name of the Defendant to the Buddhist Bank Account in front of the office of the Defendant in Daegu-gu B.

As a result, the Defendant promised to pay for, lent a password necessary to use the e-mail card and the e-mail card, a means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A remittance receipt for victims or a statement on financial transactions;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Although there are extenuating circumstances, such as the fact that the physical card, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, was used for the so-called “sing” crime in which the Defendant promised to pay the price and obtained a considerable amount of money by deception, and the victim was not yet recovered from damage, there is concern for the Defendant to prepare an agreement for the joint injury crime of the first head

The amount of fine prescribed in the summary order shall be reduced by taking into account the fact that there are circumstances that are likely to be considered in the course of the crime, considering the fact that the defendant's act is recognized and is in profoundly against the defendant, and the defendant's age, etc., as stated in the judgment above.

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