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(영문) 대구지방법원 서부지원 2019.03.08 2018고단1254
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

No person may lend the means of access while receiving, demanding or promising compensation in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, on November 2017, the Defendant lent a e-mail card to a person under the name of the deceased who would give 300,000 won per day when he/she lent the e-mail card at a closed-dong, Nowon-gu, U.S. Integrated Bus Terminal., which was linked to the bank account (B) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of the Act and subordinate statutes to the account transfer details and the details of financial transactions [the statement of evidence No. 5] is not submitted as evidence, and thus, the part of the evidence list’s “net No. 5” is deleted.]

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 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. In full view of all the circumstances, including the following: (a) the act of lending the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is abused as a means of other crimes; (b) the Defendant recognized his/her mistake and did not repeat the crime while in opposition thereto; (c) there is no previous conviction and no previous conviction exceeding the fine; and (d) economic situation is difficult; (c) details of the crime; (d) criminal records; (e) criminal records; (e) criminal records; and (e) prosecutor’s punishment.

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