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(영문) 대구지방법원 서부지원 2020.03.25 2019고단2875
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on May 2, 2019, the Defendant listened to the statement that “the Defendant sent a physical card to allow the withdrawal of interest and principal from lending KRW 10 million at the monthly interest rate of 2%,” from a person who misrepresented the personal loan office B as agent, and around May 3, 2019, the Defendant issued the physical card, a means of access to the E Union Account (F) in the name of the Defendant to Kwikset-gun, prior to D on May 3, 2019, to the Defendant’s work at (ju), prior to Kwikset-gun, he issued the physical card, a means of access in the name of the Defendant, through Kwikset-based news, and notified the password of the said account by the Kakao x

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the certificate of the results of transfer, details of transactions, financial information replies (EAC), Kakakao outputs;

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. On the ground of sentencing under Article 334(1) of the Criminal Procedure Act, the act of lending the means of access used in electronic financial transactions like the instant crime takes into account the circumstances unfavorable to the Defendant, such as: (a) the act of aiding and abetting other crimes, such as singing, etc.; (b) the fact that the cream card and the account of the Defendant lent by the Defendant was actually used for singing; (c) the fact that the Defendant recognized the facts of the offense; (c) the fact that the Defendant, alone, supports his children; and (d) the first offender.

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