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(영문) 대구지방법원김천지원 2020.08.19 2020고정202
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 the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On March 13, 2020, the defendant sent a e-mail card to be used for the repayment of principal and interest, and sent a e-mail card to be used for the payment of principal and interest, in response to the proposal, on March 13, 2020, the defendant misrepresented B's accounting, sent a e-mail card connected to the d bank account in the name of the defendant at the e-mail-dong post office of Kimcheon-si, Kimcheon-dong, Kimcheon-dong, 60, and notified the password by telephone.

Accordingly, the Defendant promised to borrow the means of access to electronic financial transactions in return for the intangible cost of receiving future loans.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Details of deposit transactions;

1. The defendant and his/her defense counsel asserts that internal investigation reports (Attachment to the response data by financial institutions), internal investigation reports (Attachment to the Kakao Stockholm dialogue between the victim A and the victim of no name) and investigation reports (the process in which the suspect obtained the loan through B) [the defendant and his/her defense counsel provided the means of access for the convenience of collecting principal and interest without relation to the loan contract itself, so they do not receive the promise and lend the means of access. The term "loan of access media" under Article 6 (3) 2 of the Electronic Financial Transactions Act refers to the act of lending the means of access to the means of access for temporary use of the means of electronic financial transaction without managing and supervising the user of the means of access (see Supreme Court Decision 2016Do8957, Aug. 18, 2017; 2016Do8957, "price" refers to economic benefits corresponding to the loan of the means of access.

According to the evidence duly adopted and examined by this court, the defendant.

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