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(영문) 대구지방법원 안동지원 2019.10.15 2019고단365
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 a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around April 2018, the Defendant: (a) received a proposal from a person who did not know the name misrepresenting the employees of a lending company to provide loans from KRW 20 million to KRW 30 million; (b) it is possible to provide loans from a third party with a good credit rating; (c) it is possible to provide loans by repeatedly raising the credit rating of entering and withdrawing from the post office at the time of the transfer of the post office card; and (d) around that time, at the lower-dong post office located at No. 321-9 of permanent residence at the time of permanent residence, one check card connected to the post bank account in the name of the Defendant, and (e) notified the user of the C message to the password of the C 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 others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of deposit transactions and application of the certificate of confirmation Acts and subordinate statutes;

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

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 of the provisional payment order is as follows: (a) the Defendant had lent the electronic financial means of access to the instant case; (b) the Defendant had no record of committing the same kind of crime; and (c) the Defendant has recognized the Defendant’s mistake and reflect in depth; and (d) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the crime; and (d) circumstances after the crime.

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