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(영문) 대구지방법원 서부지원 2020.06.12 2019고단2316
전자금융거래법위반
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, on December 2018, the Defendant: (a) listened to the statement that “I would make a loan by making the results of entering and leaving the eck card if the credit rating is not low; and (b) would receive the so-called “work loan”; (c) sent the eck card connected to the bank account (C) in the name of the Defendant at the non-defluent convenience store located in the Daegu-gu merchant Dong, Seo-gu, Incheon; and (d) sent the eck card to the name-defluent, and sent the account password to the name-defluence message.

Accordingly, the Defendant, even though being aware of being used in the crime, lent the means of access to his name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on account remittance, account details, and financial reply (account holder A);

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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 the singishing fraud, etc., considering the circumstances unfavorable to the Defendant, such as the fact that the cream card leased by the Defendant and the account of the Defendant connected thereto was actually used for the singishing fraud, and the fact that the Defendant recognized the facts of the offense and is divided, and the fact that the singke card is the first offender, etc., shall be determined as per the order in consideration of

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