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(영문) 대구지방법원안동지원 2020.10.20 2020고단301
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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 may lend the means of access upon request for compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around October 2019, the defendant extended a loan to KRW 20 million from a person who was not the name of the defendant. In order to obtain a loan, the defendant obtained a proposal that "the defendant should accumulate transaction records using the physical card, and sent it by inserting the physical card into the nit book." On October 2019, the defendant obtained a proposal that "the defendant sent it by inserting the nitular card to the nitular bank account in the name of the defendant." On October 2019, the defendant used the nitular bank account in the center of permanent residence 49, using the nitular bank account in the name of the defendant, and notified the password of the above physical card using the telephone.

As a result, the defendant demanded in return for an intangible expected profit to receive a future loan, and lent a means of access for electronic financial transactions to a person who is not aware of his name.

Summary of Evidence

1. Application of the details of transactions (No. 3, no. 13 pages of investigation records), the details of transactions (No. 15), and the provisions of the Acts and subordinate statutes concerning response data, in which the police statements E of the defendant's legal statement of statement concerning D are remitted;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is as follows: (a) it is necessary to strictly eradicate the lending of the means of access, such as the instant case, because it is highly likely to be abused for crimes that have great social harm, such as tax evasion, gambling, telephone financial fraud, etc.

The means of access lent by the defendant was actually used to commit fraud, causing damage.

However, the defendant shows the form of recognizing and reflecting the crime, and there is no history of punishment for the same kind of power.

These circumstances and others.

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