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(영문) 대전지방법원 2021.01.22 2020고단1161

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall use and manage any access medium at a price and lend the access medium.

On January 28, 2019, the Defendant: (a) from the name infinite, who misrepresented B employees of a liquor company, “The Defendant sought to save our company’s taxes by using the current name account and physical check; and (b) if sending the physical check, the Defendant would pay KRW 3 million as the fee per three days for each physical card.

Upon receipt of the proposal to the purport, around 10:54 on January 30, 2019, at around 10:54, 2019, the head of Cze Card 1 linked to the D bank account (number E) under the Defendant’s name was sent to the above name in Kwikset service article through Kwikset service article, and the password of the said account was notified to Kakaox.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (related to the details of conversation between victimF), investigation report (related to the detailed statement of transactions of deposits and withdrawals submitted by victim F), statement of accounts classified by account, and response data from financial institutions;

1. Application of the Kakao Stockholm dialogue content (F) and the Kakao Stockholm Act and subordinate statutes

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

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

1. The instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it can be used as a means of other crimes, such as singishing, etc. by lending an access medium for electronic financial transactions. The Defendant’s access medium was actually used for singishing, and the Defendant had been sentenced to suspension of indictment for the same kind of crime at the Office of Government Local Public Prosecutor’s Office around February 6, 2012.