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(영문) 대전지방법원 천안지원 2019.11.29 2019고단2205
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 the 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, around January 16, 2019, the Defendant received a call from the Defendant’s home of the Dong-gu building C to the effect that “the Defendant sent a physical card linked to the Defendant’s account in the name of the obligor to repay the interest on the loan, by executing the loan,” and sent the physical card connected with the Defendant’s name to the Defendant’s account under the name of Kwikset through Kwikset’s 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. Statement of the police statement concerning F;

1. Application of the remittance certificate, customer comprehensive information inquiry statement, and details of transactions (investigative records between 53 and 58 pages) 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. 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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