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(영문) 대구지방법원 서부지원 2020.04.10 2019고단2552
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, around July 31, 2019, the Defendant: (a) called “4 million won loan can be made; (b) the credit rating is insufficient to obtain the loan; and (c) the details of the deposit and withdrawal transaction should be made with a e-mail card; (d) the Defendant’s credit will be compiled; (c) although the Defendant was unable to obtain the loan with a false credit rating; (d) the Defendant created a false transaction performance; and (e) obtained a so-called “illegal working loan”; and (e) obtained a loan by deceiving the lending company by raising credit rating by raising a false credit rating; and (e) around August 1, 2019, the Defendant issued to Kwikset service article, who sent the above name-based winners from the “C” affiliated with the D bank account in the name of the Defendant, and sent the password to Kwikset service article.

Accordingly, the Defendant lent a means of access knowing that it will be used for a crime or used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the transfer details, the Kakao Stockholm dialogue details, and the laws and subordinate statutes governing ASEAN-H-Access IP, search, seizure and verification warrants (revolving);

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. The act of lending the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as the fraud, and the account of the Defendant’s bank card delivered by the Defendant and its connected thereto was actually used for the crime of Bophishing fraud.

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