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(영문) 대구지방법원 서부지원 2020.02.12 2019고단2286
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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

Except as otherwise expressly provided for in any other Act, no one may transfer any means of access to another person or lend any means of access with the receipt, request or promise of any compensation.

Nevertheless, on March 21, 2019, the Defendant sent the physical card of the national bank account (C) opened in the name of the principal and interest payment for the purpose of paying the principal and interest each month, and sent the physical card for the said purpose. The Defendant, upon receipt of a proposal, sent the physical card to a person who has failed to pay the name, and notified the password.

As a result, the Defendant promised to lend the means of access to others in consideration of intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on warrant correspondence data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act regarding criminal facts, the choice of a fine (the nature of the crime in this case is without fault, the confession and reflect of the defendant, the fact that the profit gained from the crime in this case is not significant, the primary crime, and other circumstances shown in the argument in this case);

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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