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(영문) 대구지방법원서부지원 2020.09.23 2020고단1184

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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around December 9, 2019, the Defendant received a proposal from a person who has no personal name, to provide loans at low interest if he/she sent a e-mail card connected to the bank account at a low interest rate, and consented thereto on December 10, 201, and then sent e-mail card (C) and one e-mail card connected to the bank account in the name of the Defendant to the B bank account in the name of the Defendant at the e-mail 366-3, Daegu-gun, Seo-gu, Seo-gu, Daegu, Gyeong-gun, to the B bank account in the name of the Defendant at around 11:00 of the same month, and sent e-mail to the person who has no personal name.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written complaint of G;

1. Each internal investigation report (the No. 3 of the evidence list, the No. 3 of the additional evidence list), and investigation report (the No. 11 of the additional evidence list);

1. Application of Acts and subordinate statutes concerning details of transactions, customer personal information, certificates of deposit transaction records, details of account transactions, confirmations of transfer results, dialogues, search and seizure warrant and reply, and video data related to cash investment;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The act of lending the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as singing, etc., and the Defendant lent the means.