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(영문) 대구지방법원 서부지원 2019.01.23 2018고단2529
전자금융거래법위반
Text

Defendant shall be punished by a fine of 6 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 transfer or take over a means of access, or lend or take over a means of access in return for compensation.

On September 26, 2017, the Defendant promised to receive a rental fee of KRW 3 million from the convenience store near the apartment complex B in the old-si, Nowon-gu, and lent it to the party who has failed to obtain the name by leaving a copy of the physical card connected to the bank account in the name of the Defendant (Account Number: C).

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of details of transactions, Acts and subordinate statutes governing correspondence data;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an element of sentencing unfavorable to the defendant, such as the following: (a) the crime of this case may be abused as a means of other crime as well as impairing the safety and trust of financial transactions; (b) the card leased by the defendant was used for actual fraud; and (c) the Defendant committed the crime of this case during the period of repeated offense.

However, considering the factors of sentencing favorable to the defendant, the defendant shall be sentenced to a fine, only once, by taking into account the factors of sentencing favorable to the defendant, such as the confession of the crime of this case, the benefits derived from the crime of this case are not significant, the defendant is punished only for traffic-related crimes, and there is no record of punishment for the same kind of crime as this case.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and results of the crime, and all other circumstances that are conditions for the punishment as shown in the argument in this case, including the circumstances after the crime.

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