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(영문) 대구지방법원 안동지원 2019.07.09 2019고단184
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, the Defendant, from a person whose name was unknown on March 2019, received a proposal that “B Bank C counselor. 3 million won can be loaned, and the interest rate is about 19%. The same shall not apply to the case where a loan has been passed due to a lack of transaction records. Therefore, if the check card of the current account is sent, it would be possible to make a loan by accumulating transaction records.” After accepting the proposal, the Defendant accepted the proposal that “if the check card of the current account is sent, it will be possible to make a loan by accumulating transaction records.”

4. At around 13:00, at the front line D located in Ansan-dong-si, one physical card connected to the F Bank account (G) in the name of the Defendant was sent to the home delivery officer who sent the above person, and the password of the above physical card was notified through H message.

As a result, the defendant demanded the means of access in return for an intangible expected profit that can receive a future loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Verification of the results of electronic financial transfer, and application of Acts and subordinate statutes to report internal accidents;

1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the following: (a) the defendant has lent the electronic financial means of access in this case; (b) the reason why the defendant actually committed the scaming fraud; (c) the defendant did not have any specific criminal power; and (d) the defendant did not withdraw the sources of damage acquired by the above fraud; and (e) the damage was recovered because the defendant did not withdraw it; (d) the defendant recognized the defendant's mistake and reflect his depth; and (e) the defendant's age, character, character, intelligence and environment

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