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(영문) 대구지방법원서부지원 2020.09.09 2020고단527
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 shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, on November 18, 2019, the Defendant received a proposal from a person who was unaware of his name who had misrepresented the lending company’s staff and consented to “to execute a loan if it is sent,” and then delivered a physical card connected to the national bank account (B) in the name of the Defendant at the Seogu post office located in Seogu Daegu-gu, Daegu-gu, Daegu-gu, 97.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. C’s statement;

1. Reports on internal investigation (the sequence 3 of evidence lists);

1. Application of the details of transfer and the Acts and subordinate statutes on replies to financial transaction information;

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. On the ground of sentencing under Article 334(1) of the Criminal Procedure Act, the act of lending the means of access used in electronic financial transactions, like the instant crime, requires strict punishment as an act assisting another crime, such as the singishing fraud. Considering that the Defendant’s lending card and the Defendant’s account linked thereto was actually used for the commission of the singishing fraud, etc., considering the circumstances unfavorable to the Defendant. After confirming that the Defendant was deposited at one’s own account, the Defendant took measures to file a report on the loss of the singular card as indicated in the bank’s holding, and request the suspension of withdrawal, and then take measures to ensure that the said money was not withdrawn. The Defendant did not have any history of punishment for the same kind of crime.

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