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(영문) 대구지방법원안동지원 2020.12.16 2020고단373
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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On December 2, 2019, the Defendant, upon receipt of the proposal, sent one copy of the physical card connected to the D Bank account (E) in the name of the Defendant from the first police officer, “B Bank C. If a loan in the second financial right is extended by combining the loans with the first financial right, interest rate will also be lowered, and credit rating will be lowered. To make a loan by raising the credit rating by creating the definite transaction statement, I would make it possible to make a loan by raising the credit rating.” On April 1 of the same year, the Defendant sent one copy of the physical card connected to the D Bank account (E) in the name of the Defendant at the Andong post office located in Andong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and sent the password of the

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. The police statement concerning F;

1. Application of the Acts and subordinate statutes to criminal place, petition, search, seizure and verification warrant (financial account application), data on response to results, internal investigation report (related to telephone communications under the name of the account A), and report on results of investigation;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) it is necessary to strictly eradicate the transfer of the means of access, as in the instant case, because it is highly likely to be abused for highly detrimental crimes, such as tax evasion, gambling, telephone financial fraud, etc.; and (b) the means of access actually transferred by the Defendant is used to commit fraud, thereby causing damage.

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