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(영문) 대구지방법원 서부지원 2020.05.22 2019고단3303
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

No person shall lend the means of access used in an electronic financial transaction in receiving, demanding or promising any consideration.

Nevertheless, on June 27, 2019, the defendant extended a loan of KRW 6 million from a person who has not been injured in his name.

Postal cards are required to verify the limit of the withdrawal from the account.

“I listen to the word to the purport, and at the seat of the Defendant’s office located in Daegu-gu, the same day, Kwikset service article sent by the unclaimed winners of his name, one physical card connected to the Cbank account (D) in the name of the Defendant, and the password was sent to Kakao Stockholm.

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. Statement to E by the police;

1. Details of deposit transactions, Kakakao dialogues, replies related to the provision of financial transaction information, details of transactions, application of personal information-related Acts and subordinate statutes;

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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