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(영문) 대구지방법원서부지원 2020.11.26 2019고단1780
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

With respect to the use and management of a means of access, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 12:10 on November 19, 2018, the Defendant: (a) received the word “a loan without a lawful loan, such as advance payment, advance payment,” from a person who assumes a false name as a lending business entity; and (b) heard the phrase “a personal loan interest that is not a legitimate loan shall be withdrawn every month by opening a personal card of the Defendant’s body card; and (c) obtained such consent on November 20, 2018, the Defendant sent the physical check card in the form of packing it in connection with the Defendant’s name bank account (D) at the first floor of the Daegu-gu Seoul Special Metropolitan City B Building No. 30 on November 20, 2018 and placing it in a place designated by the bearer.

As a result, the Defendant promised to receive future loans in return for the expected interest, and lent the means of access to the name in favor of the accused.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on account transactions, such as receipt of remittance of victim funds, financial institution response data, Kakao Stockholm dialogue content, and application of the details of account transactions to the police report (Attachment to the data submitted by the financial institution);

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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.

(b).

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