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(영문) 대구지방법원 서부지원 2020.01.22 2019고단2503
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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.

Nevertheless, on April 2, 2019, the Defendant listened to the statement that “I would grant a loan of KRW 3,00,000, and will withdraw monthly interest on the physical card if I sent it.” On the first floor of Daegu-gu B apartment Cdong, Daegu-gu, and the first floor of the B apartment Cdong, the Defendant sent Kwikseter service articles who sent the name in return for the name in connection with the D Association account in the name of the Defendant’s name, and provided Kwikseter service articles who sent the name in return for the name in the paper gambling, and provided the password to the name in return for the name in F.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes on the details ofH association transactions and response data of DD associations;

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. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The instant crime is highly likely to be abused as a means of other crimes as well as impairing the safety and trust of financial transactions; the card leased by the Defendant, etc. was used for actual fraud: The Defendant led to the instant crime; the Defendant was a senior citizen of society who was a dead age at the time of the instant crime; the benefits derived from the instant crime were not significant; the primary offender was the Defendant’s character and behavior, environment, motive, background, means and consequence of the instant crime; and other circumstances after the instant crime.

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