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(영문) 대구지방법원 2019.03.05 2018고단5903
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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 August 2018, the Defendant accepted the proposal to the effect that “When sending a cream card, the Defendant would make a loan as if he had income by repeating the money for entering and leaving the cream card, and then return the cream card.”

On August 21, 2018, the Defendant sent one physical card connected to the credit union account (Account Number: D) in the name of the Defendant using a home line at the C business office located in Yongcheon-si B, Youngcheon-si around August 21, 2018.

Accordingly, the Defendant lent a means of access used in electronic financial transactions, knowing that it would be used for crimes such as fraud and violation of the Act on Real Name Financial Transactions

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on account transactions;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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