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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
1. Defendant A in violation of the Electronic Financial Transactions Act is the nominal owner of B Bank C’s account.
No one shall lend any access medium used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with a promise to do so.
Nevertheless, on May 13, 2019, the Defendant received text messages from the person who was not the victim of the disaster and contacted him in response thereto, and then sent 2% interest on the loan. To obtain the loan, the Defendant respondeded to the following: (a) this Cze Card will be used to transfer the principal and interest of the loan; (b) this Cze Card will be used to take over the principal and interest of the loan; and (c) the card will be returned if paid in full.
그리하여 피고인은 2019. 5. 14.경 경기 안산시 단원구 D에 있는, E정형외과 1층 앞 노상에서 자신을 찾아온 퀵서비스 기사에게 피고인 명의의 위 B은행 계좌와 연결된 체크카드 1장을 건넸다.
As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.
2. On May 15, 2019, at around 17:26, the Defendant embezzled the amount of KRW 6 million out of KRW 7,000,000 from KRW 17:57 on the same day to KRW 18:02 on the same day when he/she knew that the amount is not attributed to himself/herself when he/she was withdrawn between KRW 7,000,000 from KRW 17:57 on the same day, he/she embezzled the amount by transferring it to B bank account in the name of the Defendant (G) around 18:14 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes on details of financial transactions and provision of financial information;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (a means of lending access media), Article 355 (1) of the Criminal Act (a point of embezzlement) and the selection of fines for a crime;
1. Article 37 of the Criminal Code among concurrent crimes.