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(영문) 대구지방법원 서부지원 2018.12.11 2018고단1577

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 lease or receive a cash card, password, passbook, etc. necessary for the use of the cash card, which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to receive any consideration therefor.

Nevertheless, on March 8, 2018, the defendant sent a physical card from a person in unsound name to him/her and notified his/her password through a mobile phone around March 8, 2018, will be able to obtain a loan of KRW 12 million at low interest.

When a loan is granted, the check card shall be returned.

“On contact, the Defendant’s account in the name of the Defendant was expressed in a way that enables to keep the account.

On March 15, 2018, the Defendant, at an elderly post office, sent a physical card connected to B bank account under the name of the Defendant, to the name infinite, and notified the name infinite and the password of the above physical card by telephone.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D’s authenticity and written statements;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the act of lending a medium of access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act is abused as a means of other crimes, and the fact that actual damage has occurred due to the crime committed using the instant access medium leased by the Defendant, it is necessary to punish the Defendant solemnly.

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no particular criminal history except for the punishment of a fine of KRW 300,000 as a result of the violation of the Road Act in 2004, economic circumstances are difficult, and the circumstances of the crime are determined as ordered.