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(영문) 대전지방법원천안지원 2020.10.27 2020고정297
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, on October 30, 2019, the Defendant: (a) received a proposal from a nameless person who misrepresented as a “B bank” staff member; (b) made a loan by creating a transaction performance when sending a physical card; and (c) issued a copy of the physical card connected to the account in the name of the Defendant (Account Number:F) to the nameless person prior to the named bank account in the name of the Defendant on October 30, 2019 when sending the physical card.

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. Application of the G's written confirmation of remittance of damage amount;

1. Article 49(4)2 and Article 6(3)2 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant lent his/her body card. Such an offense requires the punishment for lending the means of access on the ground that a large number of victims have occurred due to the use of scams or other fraudulent acts.

In fact, the account of the defendant was used for the crime of fraud, and the fact that such damage was not recovered is disadvantageous.

However, the defendant has no criminal record of the same kind and only criminal records of minor fines, and considering the favorable circumstances in which he/she recognizes his/her act and reflects his/her act.

In addition, the defendant's age, character and behavior, environment, circumstances of crime, and circumstances after crime are revealed in the trial process.

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