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(영문) 대구지방법원 서부지원 2019.10.29 2019고단1643
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

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on March 19, 2019, the Defendant loaned KRW 5,000,00 from a person who was not the deceased person’s name, to lend KRW 5,00,000 to him/her for the 12-month period. The Defendant sent the 500,000 each month the e-mail card being used, and would withdraw each month the repayment with the e-mail card if the e-mail card is sent.” In front of the CPC in Daegu-gu, Daegu-gu, the Defendant hearded Kwikset service articles, who sent the e-mailer, to whom the e-mailer was sent, the Defendant provided one e-mail card connected to the new bank account (D) in the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of trade-related Acts and subordinate statutes;

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

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

However, the fact that the defendant recognizes the crime of this case, and that the defendant has no criminal records punished, etc. are favorable to the defendant.

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