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(영문) 대구지방법원 2019.05.08 2019고단491
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, on October 30, 2018, the Defendant received and consented to the proposal that “When sending a physical card, the Defendant shall increase the credit point by repeatedly entering and withdrawing the check, and then return the physical card.” On October 30, 2018, the Defendant sent one physical card connected to the B Association (C) account in the name of the Defendant at the post office located in Yongcheon-si, Youngcheon-si, and then sent one copy of the physical card to the Defendant’s name.

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 D police statement;

1. Details of remittance of amount from damage (personal financial transactions and viewing points of E banks);

1. Application of Acts and subordinate statutes such as account transactions;

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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