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(영문) 대구지방법원 안동지원 2020.05.12 2019고단755

전자금융거래법위반

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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on June 19, 2019, the Defendant is “B Company” from a person whose name is unknown. The customer should lend a loan at a low interest of up to 6 million won to the customer. If he/she sends the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-C-C-S-C-C-S-C-S-C-S-C-S-C-S-C-S-S-C-S-C-S-S-C-S-C-S-S-S-C-S-S-S-S-S-C-S-S-S-S-C-S-S-S-S-C-S-S-S-S-S-C-S-S-S-S-S-

As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent a means of access for electronic financial transactions to a person who is not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Search, seizure and verification warrant (2019-1869), and correspondence of financial institution (E bank);

1. Application of Acts and subordinate statutes of transfer receipt;

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. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the act of lending the means of access, such as the instant case, need to be strictly eradicated because it is highly likely to be abused for crimes that have great social harm, such as tax evasion, gambling, and scam.

In fact, the means of access leased by the defendant is used for the crimes of Bophishing.