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(영문) 대구지방법원 2020.06.11 2020고단1742
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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around February 13, 2020, the Defendant received a proposal from a person who has no name to lend money to a person who is an individual lending business, and consented to the delivery of a physical card to be used to repay the principal and interest, and then sent a copy of the physical card linked to the BB bank account in the name of the Defendant at the Kwikset-ro 13, Daegu-gu, Daegu-ro 25-ro, Daegu-ro 25-ro.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on deposit transaction records, certificate of deposit transaction information, statement of financial transaction information, statement of conversation, Kakao Stockholm conversation, and selective receipt;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Although the Defendant’s fault on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not less than that of the Defendant, the sentencing conditions, including the Defendant’s initial offender, the Defendant’s age, environment, means and consequence of the commission of the crime, etc., are considered in light of all the sentencing conditions.

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