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(영문) 대구지방법원 서부지원 2021.01.19 2020고단2275

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on December 24, 2019, the Defendant received a proposal from a person without his/her name to the effect that he/she would make a loan at a low interest rate if he/she sent a e-mail card by telephone from a person without his/her name to a place where his/her address is unknown, and accepted it on the same day, and sent a copy of e-mail card connected to the D bank account (E) under the name of the Defendant from the C convenience store located in Daegu-gun Group B, and sent the password to the person without his/her name.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a certificate of transfer confirmation and a reply to a request for provision of financial transaction information (5 times a month);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly adverse to society by not only undermining the credibility of the safety performance of electronic financial transactions, but also undermining the credibility of the safety performance of financial transactions, such as transfer or lending of access media by abusing various illegal acts, such as financial fraud, etc.

In fact, the access media that the defendant lent was used to commit financial fraud.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the defendant does not repeat again recognizing the crime of this case.

The motive for the crime shall be deemed to have complied with the request for provision on the ground of the fact, loan, etc.