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(영문) 대구지방법원 서부지원 2020.05.20 2019고단2705
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

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

Nevertheless, on May 12, 2019, the Defendant listened to the phrase “I will withdraw monthly interest from the e-mail card if I send the e-mail card being used. I would like to withdraw the e-mail card.” On the e-mail, the Defendant sent a e-mail card to the e-mail and sent a e-mail card connected to the e-mail account under the name of the Defendant to the e-mail, and then sent a password to the e-mail.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the victim F G bank transaction statement, search, seizure and verification warrant Acts and subordinate statutes to the D Association reply;

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. 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 singishing fraud, etc., considering the circumstances unfavorable to the Defendant, such as the fact that the cream card leased by the Defendant and the account of the Defendant connected thereto was actually used for the singishing fraud, and the fact that the Defendant recognized the facts of the offense and is divided, and the fact that the singke card is the first offender, etc., shall be determined as per the order in consideration of

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