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(영문) 대구지방법원 서부지원 2018.12.11 2018고단1562

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lease or receive a cash card, password, passbook, etc. necessary for the use of the cash card, which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to receive any consideration therefor.

Nevertheless, on March 28, 2018, the defendant extended a loan of KRW 4 million to the account to be used for lending business from a person without his/her name from a person without his/her name through a mobile phone.

When a loan is granted, the check card shall be returned.

“On contact, the Defendant’s account in the name of the Defendant was expressed in a way that enables to keep the account.

On March 29, 2018, the Defendant, at the Defendant’s workplace near Daegu-gu Office B, sent a physical card connected to the Defendant’s bank account (D) in the name of the Defendant, to a person in distress, and notified him of the password of the said physical card by telephone.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol of E (in the evidence list, it is written as F, but it is clear that it is a clerical error in the E, so corrected)

1. E’s written petition;

1. Application of Acts and subordinate statutes to deposited receipts;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the act of lending a medium of access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act is abused as a means of other crimes, and the fact that actual damage has occurred due to the crime committed using the instant access medium leased by the Defendant, it is necessary to punish the Defendant solemnly.

However, the fact that the defendant does not commit a second offense while recognizing his or her mistake, and that he or she does not have a criminal record (Provided, That according to the investigation career data, it is examined.