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(영문) 대구지방법원서부지원 2020.09.24 2020고단528
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

No one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, around October 24, 2019, the Defendant received a proposal from a person who had misrepresented himself/herself as a member of a lending company and consented to the purport that “I will execute a loan if you send a physical card,” and then delivered one copy of the physical card connected to the B bank account (C) in the name of the Defendant at the post office located at 153-101, Seo-gu, Daejeon, Seo-gu, Daejeon, by using one copy of the physical card connected to the B Bank account (C) in the name of the Defendant.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the provisions of Acts and subordinate statutes on the statement of the police to D, investigation report (Attachment to the suspect A-Submission Kakao Stockholm data), details of transfer, reply data on financial transaction information, and copy of passbook;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lending of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the crime is not good, and the fact that the means of access leased by the defendant was actually used for the fraud crime is unfavorable.

However, this case's age, character and conduct, environment, family relationship, means and result of the crime, etc. are led to the confession of the crime of this case and the mistake is divided, it seems that there is no benefit from the crime of this case, there is no record of criminal punishment, and other circumstances after the crime.

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