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(영문) 대구지방법원 2019.06.18 2019고단1733
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no person shall lend or lend the means of access, or keep, deliver or distribute the means of access, knowing that they are to be used for a crime or to be used for a crime.

Nevertheless, the Defendant, around November 2018, proposed that “if he wishes to borrow up to KRW 50,000,000,000, the Defendant will have borrowed the e-mail card by raising the transaction performance.” In response, around November 30, 2018, at the same time, a copy of the e-mail card connected with the Defendant’s name bank account (Account Number C) in front of the Dong-gu, Daegu-gu, Daegu-gu, Daegu-gu, 550, was placed on the part of the Defendant.

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition (D);

1. Application of Acts and subordinate statutes on financial transactions in the principal;

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 of Article 334(1) of the Criminal Procedure Act - The card leased by the Defendant was used for the crimes of licensing.

- When committing the crime, the victim's money has not been realized due to the suspension of payment, and there are no records and records of the same kind exceeding the fine.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

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