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(영문) 대구지방법원 2018.05.17 2018고단1495
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

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

Nevertheless, around October 2017, the Defendant: (a) received communication from a person in a name-free position to “be paid KRW 3 million per one page of the transfer of a physical card necessary for tax reduction” from a person in a name-free position; and (b) subsequently, on October 16, 2017, sent the physical card connected to the Defendant’s name-free bank account in the name of the Defendant in the street in front of the Daegu Dong-gu, Daegu-gu, Seoul-gu, to Kwikset Service and promised to notify the password of the password; and (c) lent a medium of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on details of financial transactions, replies to financial institutions, and details of transactions;

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. Strict punishment is required for acts such as lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage in relation to the access media that the defendant lent.

However, the defendant's mistake is recognized and reflected, and the defendant has no same criminal history, considering the circumstances favorable to him.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

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