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(영문) 대구지방법원 안동지원 2020.05.06 2019고단949

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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, around September 24, 2019, the Defendant received a proposal from a person whose name the name of misrepresenting “B bank” staff is unknown, that “low interest rate loans may be extended,” and if the Defendant wishes to obtain a loan, a security company would artificially create the transaction performance of the passbook and artificially create the transaction performance of the passbook to increase credit rating, and then send it first to the Defendant’s name account.” On September 27, 2019, at the post office of the Seoul Gwangjin-gu Seoul Special Metropolitan City’s underground building, one check card connected to the Defendant’s name (number: E) was sent to the Defendant’s name, and notified the password by telephone.

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 F;

1. Application of Acts and subordinate statutes to file a petition, financial transaction information reply data (D bank), internal investigation report (A telephone investigation, etc. in the name of the account), and to closure data;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a situation unfavorable to the defendant that is disadvantageous to the defendant when it can be used for various crimes, such as tax evasion, gambling, and fraud, and that the cream card lent by the defendant was actually used for the crime of fraud.

However, the defendant recognizes the crime of this case.