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(영문) 대구지방법원 2020.06.09 2020고단1211
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

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, on August 27, 2019, the Defendant sent a e-mail card under the condition that he lends a e-mail of KRW 5 million from a person who has no name to his name, the Defendant will bring about the principal and interest on the card.

“The proposal was received and consented to it, and around that time, at the Daegu Veterans Hospital located in the 60-ro, Seogu, Daegu-gu, Kwikset Service, sent a physical card connected to the name in the name of the defendant to the new bank account (B) in the name of the defendant.

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 to C by the police;

1. Application of Acts and subordinate statutes on transfer;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Selection of fines for the application of the sentencing criteria and the sentencing criteria shall not apply.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

Unfavorable circumstances: The act of lending the means of access would impair the stability and reliability of electronic financial transactions, and the means of access can be used for other crimes, such as singing, so the responsibility for such crimes is not less complicated.

In fact, the means of access lent by the defendant seems to have been used for fraud related to licensing.

The favorable circumstances: The defendant recognizes all of the crimes of this case.

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