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(영문) 대구지방법원 서부지원 2019.06.04 2018고단2688
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over a means of access, or lend or take over a means of access in return for compensation.

On February 20, 2018, the Defendant promised to receive rent of KRW 3 million for one month from the studio construction site located in Seo-gu, Daegu-gu, and lent a physical card linked to the name in the name of the Defendant to the account of the community credit cooperative (C) in the name of the Defendant through Kwikset Service Articles.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written petition of D;

1. Copies of deposits without passbooks;

1. Application of Acts and subordinate statutes to investigation reports (limited to submission of deposits without passbooks, receipts, and E dialogues);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the crime related to the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of other crimes, it is necessary to strictly punish the Defendant, taking into account the fact that the instant account was actually used for other crimes.

However, in full view of all the circumstances, such as the fact that the defendant recognized his mistake and did not repeat the crime, that the amount of damage from the account of this case was returned to the victim with the defendant's cooperation, that the defendant is the primary offender, the circumstances leading up to the crime, and the prosecutor's punishment, it is decided as per the disposition.

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