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(영문) 대구지방법원 2020.01.21 2019고단5534
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

Nevertheless, on June 2018, the Defendant received a proposal from a name-free person who misrepresented to the employees of a lending company and consented to the purport that “if sending a e-mail card, by making a false entry and withdrawal transaction statement, it would have the credit rating added and get loans,” and then sent one passbook and one OTP card in the name-free person in the name of the Defendant’s name at the C convenience store located in Daegu-gun Gun B around that time, using the e-mail in the name of the Defendant.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as AD Association Account Transactions;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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