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(영문) 전주지방법원 2016.12.02 2016고단1500
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 person shall lend or borrow any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution while demanding, demanding, or promising to provide, demand, or promise the price.

Nevertheless, on March 1, 2016, the Defendant promised that “When sending a passbook and a physical check, the Defendant will lend KRW 10 million to him/her,” and sent the physical check card of the post office B account in the name of the Defendant and the Defendant’s husband C bank D account in the name of the Defendant’s husband at a high-speed bus terminal located in the Geum-gu Seoul Metropolitan Government Geum-gu, Seoul Metropolitan City. In addition, the Defendant sent it to the needy party through the delivery service of express bus baggage and notified the password of the above account by telephone.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Each written statement of F, G and H;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes to investigation reports (related to the I telephone call between the Incheon Training Police Station and the I telephone call);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (a point of lending access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (any other violation of the Electronic Financial Transactions Act by means of access);

1. Selection of an alternative fine for punishment;

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

1. For reasons unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, the act of transferring or lending to another person the means of access to electronic financial transactions may cause damage to many and unspecified persons because it can be used for fraud, such as scam, etc., and in fact, the account of the means of access leased by the defendant has been used for fraud.

The defendant recognizes all of the crimes of this case under favorable circumstances.

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