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(영문) 대구지방법원 서부지원 2021.02.04 2019고단2868
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

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on February 2019, the Defendant sent a e-mail card connected to the account under the name of the Defendant, as the Defendant borrowed KRW 10 million from a person who was in a name-free name.

“C.” He heard the horses, and issued the physical card, which is the access media of the post office account (D) in the name of the Defendant at the convenience store near the C elementary school located in the Gyeongbuk-gun, Gyeongbuk-gu, the head of the Tong, who copied the last head of the Tong indicating the password of the above account, along with the above physical card, was notified of the password of the above account.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of details of transactions, cell phone call records, replies to requests for provision of financial transaction information, and copies of passbooks of post offices;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly adverse to society by not only undermining the credibility of the safety performance of electronic financial transactions, but also undermining the credibility of the safety performance of financial transactions, such as transfer or lending of access media by abusing various illegal acts, such as financial fraud, etc.

In fact, the access media that the defendant lent was used to commit financial fraud.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the defendant loans.

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