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(영문) 대구지방법원 2019.05.08 2019고단810
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

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 December 2017, the Defendant received a proposal from a name-free person who misrepresented himself/herself to the effect that “if he/she sends a e-mail card, he/she would make a false entry and loan to obtain a loan, and then return the e-mail card.” Around that time, he/she sent a copy of the e-mail card connected to the Dakwikset’s bank account (Account Number E) in the name-free person’s name, using Kwikset in front of the Makset shop in Daegu Suwon-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on internal investigation (the result of execution of a warrant of seizure, search, inspection);

1. Application of Acts and subordinate statutes on response materials by financial institutions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 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. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant shall be sentenced to the same punishment as the order, taking into account the following factors: (a) the defendant confessions a criminal act; (b) the same criminal record does not exist; and (c) the importance of legal interests infringed

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