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(영문) 대구지방법원 2018.06.21 2018고단1918
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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on January 17, 2018, the Defendant is a mobile phone shopping from a person who has no name in the name of the Defendant, and will offer KRW 1 million per month if he/she lends the passbook.

“On receipt of a text message, agreed to receive compensation,” and then sent the physical card connected to the Agricultural Cooperative Account (Account Number D) in front of the C cafeteria located in the Daegu-gu Seoul-gu, the name of the defendant to the person under whose name the card was sent in front of the C cafeteria.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the Cze Card that the Defendant lent was used for the singishing crime.

However, the defendant seems to have led to the confession of the crime and reflect the mistake.

The defendant does not seem to have actually received any consideration.

In the above circumstances, the defendant's character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime are included in the trial process of this case.

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