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(영문) 광주지방법원목포지원 2020.09.08 2020고정54
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, around October 21, 2019, the Defendant listened to the statement that "if the present points are insufficient from the person who misrepresented the team leader of the Bank C C, then the Defendant will make the cash card, and then make the loan possible by raising the points, and return the card." On the same day, the Defendant sent to Kwikset service article who sent one copy of the cash card connected to the Defendant E BankF account in the name of the Defendant, in front of the FF account in the name of the Defendant.

Accordingly, the Defendant, even though being aware of being used in the crime, lent the means of access to his name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The application of Acts and subordinate statutes on the details of transfer of money from damage, reports on internal affairs (the details of transactions) and E account transactions, etc., response data, such as data on internal affairs (A and telephone conversations), internal affairs reports (A and telephone conversations), official documents requesting withdrawal video and response data, and Kakao Stockholm dialogues;

1. Article 49(4)2 and Article 6(3)3 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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