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(영문) 대구지방법원 경주지원 2020.05.27 2020고정58
전자금융거래법위반
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on July 2019, the Defendant: (a) issued a proposal to the effect that “I would be able to obtain credit by accumulating the results of opening and withdrawing from the company’s funds by accumulating the accounts; (b) I would be able to send the account number and passwords; and (c) I would proceed with the loan by accumulating the results of opening and withdrawing from the company’s funds; and (d) on July 26, 2019, at the C office located in Si-si, Sejong, on July 12:40, 2019, the Defendant added a physical card connected to the D Bank’s account in the name of the Defendant; and (e) a physical card linked to the D Bank’s account in the name of the Defendant (F).

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to the above-mentioned person.

Summary of Evidence

1. Defendant's legal statement;

1. Documents and written statements of G;

1. A written confirmation of the results of electronic financial transfer;

1. Response (H);

1. Investigation report ( Results from telephone communications conducted by the nominal owner of the criminal account);

1. Investigation report (in cases of cell phone details, etc. of suspects), cell phone textbooks, Kakaoo Stockholm photographs and photographs of transport logs;

1. Application of Acts and subordinate statutes to data on investigation reports (the results of analyzing account details), and data on analyzing account details in I’s name;

1. To lend means of access to facts constituting an offense under Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act;

1. The prosecutor under Articles 40 and 50 of the Commercial Act deemed the instant case as the single crime, but the crime of lending the means of access constitutes one crime per each means of access, and the act of lending several means of access at once constitutes one act of committing several crimes of electronic financial transactions, and it is reasonable to interpret that each act constitutes a single act of committing several crimes of violation of the Electronic Financial Transactions Act.

On the other hand, however,

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