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(영문) 대전지방법원 서산지원 2019.08.14 2018고단759

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

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Around March 12, 2018, the Defendant received a proposal from a person who was not the name of the Defendant, stating that “When sending the check card, he will repeatedly store the transaction performance and then get loans.” On the same day, the Defendant sent the check card connected to the account (F) in the name of the Defendant at the convenience store in Seosan-si, Seosan-si, and issued Kwikset service articles to search for it.

Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal to lend the means of access to a person who is not his/her name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Documents and written statements of G;

1. Application of the transfer certificate and the detailed statement of the use of H services, loan-related documents, and response data by the E Bank;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the means of electronic financial transactions requires strict punishment because it could be abused as a means of other crimes as well as impairing the safety and trust of financial transactions; circumstances in which the card lent by the defendant was used for actual fraud: The fact that the defendant seems to have no profit from the crime of this case; the fact that the defendant has no profit from the crime of this case; and other circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime, etc. shall be determined as per the order, taking into account all the circumstances.