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(영문) 대구지방법원 안동지원 2020.05.12 2019고단742

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 June 4, 2019, the Defendant, who misrepresented the name “B” of “B,” from a person whose name is unknown, should verify the transaction performance in order to harm the loan. To verify the transaction performance, the Defendant received a proposal and consented to the check, and then, around July of the same month, sent the check card and the check number connected with the Defendant’s name No.C.C. account (F.) and the check-up to Kwikset service article.

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. Transfer certificate;

1. A warrant for search, seizure, and verification (2019-6576) and details of the agricultural bank account transactions;

1. Application of the Act on the Investigation Report (Attachment to the Kakakao Stockholm dialogue) and the Act on the Kakao Stockholm dialogue.

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 lent by the defendant was used for the crime of Bophishing, causing considerable damage.

However, the defendant committed the crime of this case.