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(영문) 대전지방법원 천안지원 2019.08.22 2019고단828
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, 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.

Nevertheless, at around 17:40 on January 23, 2019, the Defendant received a call from a person who was unaware of his name on the front of B, Cheongju-si, to the effect that “the Defendant sent a physical check linked to the debtor’s account in the name of the debtor to repay the principal and interest on the loans that may be executed,” and sent the physical card, account number, and password connected to the post office account (C) under the name of the Defendant, using Kwikset’s service.

Accordingly, the Defendant promised to receive intangible compensation for future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the details of financial transactions, replies to financial institutions (A) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the Defendant’s mistake, and there is no record of punishment for the same kind of crime. The act of lending the means of access under the Electronic Financial Transactions Act not only undermines the security and reliability of electronic financial transactions, but also facilitates other crimes. In fact, the means of access provided by the Defendant has been used for the crime, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions stated in the argument of this case shall be determined as ordered by taking into account

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