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(영문) 대전지방법원 천안지원 2019.11.27 2019고단2473

전자금융거래법위반

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. In using and managing the means of access, no defendant A may receive, demand or promise to borrow or lend the means of access, or keep, deliver or distribute the means of access.

On August 14, 2019, the Defendant sent E message to the effect that “the e-mail card is necessary to obtain a loan from a lender, and then sent the e-mail card linked to the debtor’s account under the name of the debtor because it is necessary to obtain a loan.” On August 14, 2019, the Defendant misrepresented the e-mail card connected to the F bank account under the name of the defendant as an employee of the lending company.

Accordingly, the defendant provided a means of access in return for the promise to receive an intangible expectation benefit that he/she can receive future loans.

2. In using and managing the means of access, Defendant B shall not receive, demand or promise to borrow or lend the means of access, or keep, deliver or distribute the means of access.

On August 14, 2019, the Defendant sent E message to the effect that “the physical check to obtain a loan is necessary to automatically transfer the loan interest, and then sent the physical card linked to the debtor’s account under the name of the debtor,” and sent the physical card connected to the JB account under the name of the defendant using Kwikset’s services.

Accordingly, the defendant provided a means of access in return for the promise to receive an intangible expectation benefit that he/she can receive future loans.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police concerning L;

1. Report on internal investigation (the result of execution of a warrant of search, seizure and inspection);

1. Application of the statutes concerning details of transactions of entering and withdrawing victims;

1. Article 49(4)2 of the Electronic Financial Transactions Act and Article 6 of the same Act concerning the Defendants’ selection of criminal facts and punishment: