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(영문) 대전지방법원 2019.11.22 2019고정973
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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, if the Defendant sent a physical card from a name-free person, he was urged to promptly examine and receive a loan, and on March 27, 2019, around 15:00, the Defendant sent Kwikset Service to the said name-free person via delivery of Kwikset Service in front of the Defendant’s residence located in Daejeon Seo-gu, Daejeon, Daejeon, through Kwikset Service, and lent a means of access by informing the said password to the Agricultural Cooperative (C) account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts 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 334(1) of the Criminal Procedure Act of the provisional payment order lies in the confession of the crime of this case and the mistake is divided; the defendant does not have any criminal record subject to punishment except the crime of the Road Traffic Act; the act of transferring the means of access for electronic financial transactions does not obtain profits from the crime of this case. However, since the act of transferring the means of access for electronic financial transactions could be used as a means of other crime and impairing the safety and reliability of electronic financial transactions, the nature of the crime is not good; the means of access transferred by the defendant was actually used for the crime of fraud; the defendant's age, character and behavior, environment, family relationship, means and consequence, etc.; and all of the sentencing conditions specified in the arguments

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