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(영문) 대구지방법원 안동지원 2019.08.20 2019고단287
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, the Defendant, at around 18:40 on March 20, 2019, received the proposal stating, “Along to 15,000,000 won for personal money,” from a person who is unable to know the name leading to misrepresentation of the employees of the lending company. It would be possible to lend interest between two months, and the principal and interest should be repaid from the third month. Inasmuch as the C Card requires repayment of principal and interest for the loan, it is necessary to send the C Card, and then sent the C Card.” At around 13:30 on March 22, 2019, the Defendant sent the Kwikset service provider, who was sent by the said person before the residence of the Defendant located in Ansan-si B and Cdong, with the C (E) account in the name of the Defendant and the paper with the password stated in the C (E) card.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of entry and departure transactions, and application of Acts and subordinate statutes reporting each investigation;

1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act is that even before the defendant had served a record of punishment for the same kind of crime, and the defendant's responsibility for the same crime shall not be mitigated;

However, while the defendant was suffering from the illness of his wife for a long time, he intends to obtain a loan to raise the hospital expense, and appears to have reached the crime of this case, and recognized his mistake and violates his depth.

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