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(영문) 대전지방법원 홍성지원 2020.04.10 2019고정197
전자금융거래법위반
Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

1. On July 1, 2019, the Defendant listened to the statement that he would offer a loan if he/she sends a physical card from a person whose name is unknown in front of the 1st present floor of the Chungcheongnam-nam Budget Complex B apartment C, and sent a physical card to the Kwikseter who sent the above name to the Kwikseter with a personal account (Account Number: D) in the name of the Defendant, and sent the above name to the Kwikseter, and notified him/her of the password of the above physical card.

2. On July 2, 2019, the Defendant: (a) heard that he would offer a e-mail card from a person whose name is unknown in front of the e-mail point near B apartment as indicated in paragraph (1); and (b) sent a e-mail card to Kwikset service article sent by a person whose name is not known, a e-mail card connected with the e-mail account (Account Number (F) in the name of the Defendant; and (c) sent the e-mail card to a person whose name is unknown; and (d) notified the password of the above e-mail card.

As a result, the Defendant promised to contribute the means of access to a person who is not aware of his name in return for an intangible expected profit of receiving future loans twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a investigation report (verification of details of account transactions in the name of the A and confirmation of the Kakao dialogue);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order occurred due to credit card lending by the defendant.

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