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(영문) 대구지방법원서부지원 2020.11.19 2019고단1514

전자금융거래법위반

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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

With respect to the use and management of a means of access, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on December 2018, the Defendant heard the phrase “in order to obtain five million won loans, the physical card for automatic transfer registration is required to send it.” On December 4, 2018, the Defendant sent a physical card connected to the Defendant’s name bank account (B) at the Daegu-gu Main Post Office (U.S.) around 15:00 on December 4, 2018.

As a result, the Defendant promised to receive future loans in return for the expected interest, and lent the means of access to the name in favor of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Provision of and reply to the information on financial transactions, the contents of Kakao Stockholm conversations, and the application of statutes on account transactions;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lending of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the crime is not good, and the fact that the means of access leased by the defendant was actually used for the fraud crime is unfavorable.

However, considering the fact that the defendant confessions the crime of this case and repents the mistake, that there is no record of punishment for the same kind of crime, and other various sentencing conditions shown in the arguments of this case, such as the age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.