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(영문) 대구지방법원서부지원 2020.12.09 2019고단3433
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 the means of access to electronic financial transactions, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access, and shall not borrow or lease the means of access or keep, deliver or distribute the means of access knowing that they are to be used for any crime or for any crime.

The Defendant listened to the statement that “When sending a physical card, it would be possible to loan by raising the lending limit by raising the lending limit,” and opened a false transaction performance, and obtained a loan by deceiving a lending company by raising credit rating by false means. Of July 2017, 2017, the Defendant sent Kwikset service articles to the Defendant’s home located in Daegu-gun-gun, Daegu-gun, to the Kwikset Service Articles who sent the name-based winners before the Defendant’s home located in the company bank account (C) in the name of the Defendant, and notified the Defendant of the password of the password’s personal identification number by Kakao, which was linked to the Defendant’s company bank account (C).

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Articles 49(4)2 and 6(3)2 and 6(3)3 of the Act on the Electronic Financial Transactions (amended by Act No. 17297 of May 19, 202) concerning criminal facts and the selection of fines

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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