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(영문) 대구지방법원 2020.06.03 2020고정276

전자금융거래법위반

Text

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

Except as otherwise expressly provided for in any other Act, no one may lend a means of access by receiving, requesting or promising any consideration, unless otherwise provided for in any other Act, in using and managing a means of access, such as an electronic card used in electronic financial transactions and any other means of access equivalent thereto.

Nevertheless, on May 20, 2019, the Defendant reported text messages received from the Defendant’s cell phone in the name of “C” in front of the Defendant’s residence located in Daegu Jung-gu, Daegu-gu, and contacted the person under whose name the name was named “C,” and then borrowed KRW 5 million from the person under whose name the Defendant was named “C”, after receiving a proposal to the effect that “I will loan KRW 5 million if I wish to recover interest and principal.” The Defendant agreed to receive the above proposal and agreed to receive a return of the check. On the same day, the Defendant sent a copy of the CC card connected to the D Bank account (Account Number: E) in the name of the Defendant through Kwikset service articles sent by the unswikseter who sent the same day.

In this respect, the defendant promised to receive a future loan in return for the intangible expected profit, and lent the means of access in electronic financial transactions to a person who is unaware of name.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. Transfer details, Dbank CIF, and specification of transactions under A;

1. Police Investigation Report (in the case of suspect C’s Bosing crimes, the application of the statute)

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the physical card that was issued by the defendant to a person who has no name was used for the so-called “scaming” crime, and the victim obtained a considerable amount of money, and the damage has not yet been recovered.