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(영문) 청주지방법원 2020.04.09 2019고정959

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around September 4, 2019, the Defendant received a proposal from a lending business entity (one-name B team leader) under the name-free loan to the effect that “When the Defendant opens a passbook where credit is difficult to grant loans because it is not good, he/she will make a transaction statement at the rate of 10% per annum and make a refund loan up to 24 million won at an interest rate of 10% per annum.” On September 5, 2019, the Defendant accepted the proposal, and then, around September 19:00, delivered a password card, which is a means of access connected to the Agricultural Account (Account Number D) under the name of the Defendant in front of the Jincheon-gun, Chungcheongnamcheon-gun, C Apartment-gun, the Defendant sent the password card to the above person under his/her name through Kwikset service, and then transmitted the password via Kwikset Kao Stockholm.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 49 of the Electronic Financial Transactions Act and Articles 49 subparagraph 4 subparagraph 2 of the same Article and Article 6 (3) 2 of the Electronic Financial Transactions Act and the selection of fines concerning criminal facts;

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

1. The idea of obtaining a loan by improper means, such as making false transaction records with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and then lending the means of access to the criminal liability of the defendant of this case, but it appears that it was not foreseeable until the circumstances that it would have been used for fraud, and the punishment shall be determined in consideration of the economic circumstances of the defendant, etc.