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(영문) 대구지방법원 서부지원 2020.04.28 2019고단2364
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

No one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, the Defendant received a proposal from a person whose name is unknown on July 7, 2019, to the effect that “to lend up to KRW 15 million if he/she sends a crow card,” and consented thereto, and then the same month.

8. At around 16:30, 16:30, Gyeongbuk-gun B sent a physical card linked to the Defendant’s name Cbank account (D) to a person who is not aware of his name using Kwikset Service and sent the password of the said account to Kakao Stockholm.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol of the accused;

1. Copy of the police statement of E;

1. Application of Acts and subordinate statutes on transfer statements and new data on financial information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lending of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the crime is not good, and the fact that the means of access leased by the defendant was actually used for the fraud crime is unfavorable.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession, mistake, and the fact that the defendant seems to have no benefit from the crime of this case, and that the defendant is the first offender who has no criminal punishment, the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime of this case, and the circumstances after the crime, etc., shall be determined as ordered.

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