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(영문) 대구지방법원 서부지원 2016.12.22 2016고단2111
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 2015, the Defendant received a proposal to the effect that “If he/she lends a e-mail card, he/she shall pay KRW 2 million per unit of the card” by telephone from an unsworn person.

On the 28th day of the same month, the Defendant promised to receive the above money from the person with no name or the above person, and delivered one physical card connected to the Defendant’s Daegu Bank Account (D) to the person with no name or the above person’s name in front of the Defendant’s residence.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on deposit certificates;

1. The choice of applicable legal provisions regarding criminal facts under Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act, the selection of fines (self-conscept and reflective attitude), the defendant lacks in intelligence and judgment ability compared to the general public, and the defendant's status was affected by the above crime; the defendant's damage amount to the defendant's account was returned to the victim by the above fraud; and the defendant has no record of punishment exceeding the same criminal record and fine)

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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