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(영문) 대구지방법원 서부지원 2019.07.09 2018고단3237
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 the means of access, no one may lend the means of access knowing that they are to be used in any crime.

At around 10:00 on September 10, 2018, the Defendant listened to the purport that “B lending business entity C’s agent, if sending a e-mail card, would have to get loans of KRW 35 million.” On September 11, 2018, the Defendant sent the e-mail card to a person who is not aware of the name of the Defendant, and, on September 11, 2018, at the Daegu Seo-gu D building, the first floor office, and the first floor office, “B,” the Defendant could not receive loans from the e-mailed brokerage company to the Defendant’s credit status. In short, the Defendant would make a false monthly payment details and received a so-called “illegal working loan” by deceiving the bank by raising credit rating. The Defendant sent the e-bank card in the name of the Defendant’s E-bank account (F) to a person who could not know the name through G message, and sent the password of the above account to the said person via G message.

Accordingly, the Defendant lent the means of access with the knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A certificate of deposit, reply to financial transaction information in E banks, and application of statutes on the details of G dialogue;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

Considering these circumstances, it is necessary to strictly punish the defendant.

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