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(영문) 대전지방법원 서산지원 2019.08.14 2019고단422
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one may lend a means of access while receiving, demanding or promising to receive any consideration in using or managing the means of access used in electronic financial transactions.

On October 22, 2018, the Defendant borrowed KRW 10 million from a name-free person who assumes the position of a lending company to a mobile phone B flucing system. However, if the Defendant wishes to borrow a loan, he/she is required to send a debit card under the name of the party because a debit card for repayment of interest is necessary.

“On the same day,” the proposal was received and accepted, sent to Kwikset, from the front day of Jinjin-si, a debit card (D) connected to the Defendant’s bank account in the name of the Defendant, to Kwikset service.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the transfer certificate, the warrant of search, seizure and verification, the data on response to the check, the details of account transactions, text messages, and photographs;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the means of electronic financial transactions requires strict punishment as well as harming the safety and trust of financial transactions, and the lending card, etc. may be abused as other means of crime; circumstances in which the card lent by the defendant is used for actual fraud: The fact that the defendant seems to have no profit from the crime of this case; the fact that the defendant has no criminal record; and other circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime, etc. shall be determined as per the order, taking into account all the circumstances.

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