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(영문) 대구지방법원 2019.04.30 2019고단915
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around November 15, 2018, the Defendant received a proposal from a name-free person who misrepresented the employees of the savings bank to the effect that “on the face of the check, if sent, by making him/her obtain a loan by raising credit points by repeating transaction performance, and then return the check.” On November 19, 2018, the Defendant sent a copy of the check card connected to the account (Account Number: D) in the name-free person in the name of the Defendant’s name by using the home delivery from the front side of the Daegu Northern-gu building B, Daegu-gu, and then sent a copy of the check card to the name-free person.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on the receipt of transfer and the details of account transfer;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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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