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(영문) 대전지방법원 천안지원 2019.11.29 2019고단2239
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.

Nevertheless, on June 18, 2019, the Defendant received a phone call from the person who was unaware of his name in front of Asan City, to the effect that “the principal and interest on the loan to be implemented, send a physical card linked to the debtor’s account in the name of the debtor to repay the principal and interest on the loan,” and sent the physical card connected with the D (E) account in the name of the Defendant using Kwikset Service.

Accordingly, the defendant provided a means of access in return for the promise to receive an intangible expectation benefit that he/she can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Response to financial information;

1. Application of Acts and subordinate statutes to the output of the screen by a transfer certificate or a G-cape (58 to 103 pages of investigation records);

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. In light of the fact that the crime of transferring or lending the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also becomes a means that facilitates any other crime, the case is not exceptionally used for the crime, on the other hand, the means of access provided by the defendant was actually used for the crime in this case, the confession and reflect of the crime in this case by the defendant, the fact that the defendant has no record of criminal punishment, and other circumstances revealed in the records

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