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(영문) 대구지방법원 안동지원 2019.09.18 2019고단189
전자금융거래법위반
Text

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

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

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, at around 14:20 on November 22, 2018, the Defendant: (a) accepted the proposal, stating, “The Defendant shall be able to borrow KRW 3,00,000 from a person under whose name the Defendant assumes an employee of the lending company; (b) shall pay interest for two months; (c) shall be paid for the three months; and (d) principal and interest shall be repaid at the same time from the third month; and (e) a physical card is required to be repaid for the principal and interest on the loan; (c) a physical card is sent; and (d) on December 15:50 on December 15, 2018, the Defendant sent the above name in front of the Defendant’s residence in the permanent residence in B; and (e) notified the Kwikset Service Articles who sent the above name in front of the Defendant’s name in the name in the name of the Defendant’s bank account (D) and notified the password of the said physical card through E message.

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. Account transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (E dialogue recording file);

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

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

1. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be used as a means of other crimes. In fact, the damage occurred by using the account leased by the defendant, but the defendant does not have the same criminal history, and appears to reflect the mistake, and the defendant's age, character and behavior, environment, motive, means and result of the crime;

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