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(영문) 대전지방법원 서산지원 2019.09.18 2019고단528

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

No one may lend a means of access while receiving, demanding or promising to receive any consideration in using or managing the means of access used in electronic financial transactions.

On August 26, 2018, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented the employees of a lending company to “to have a loan three million won by accumulating transaction performance if he/she lends a debit card; and (b) accepted it; and (c) sent one debit card connected to the account of community credit cooperatives (D) in the name of the Defendant to Kwikset service around August 27, 2018.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Certificates of details of transactions, certificates of account replies (the details of account transactions, etc.);

1. Application of the provisions of this Act and subordinate statutes to a golf conversation;

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 that is disadvantageous to the sentencing of the provisional payment order: The lending of the means of electronic financial transactions can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions.

The card lent by the defendant was used for the actual fraud crime.

The favorable circumstances: The defendant seems to have no benefit from the crime of this case.

There shall be no other criminal records except once a fine is imposed on a defendant.

Other circumstances, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as per the order.