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(영문) 대구지방법원 안동지원 2020.02.05 2019고단838
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

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.

The Defendant, from a person whose name the Defendant misrepresented the lending agency, connects the lending at an interest rate lower than that of the bank from “0.2-0.3% to KRW 20 million.” In lieu of the fee, the Defendant sent the Hannnnnnnn Card to the Hannnnnnnnnnn, notified the password, received the proposal and consented, and then notified the password on June 26, 2019 at the office of Ansan-ro 560, Ansan-ro, Ansan-si, the Defendant’s name and notified the password using one copy of the physical card connected to the account (number B) in the name of the Defendant at the post office.

As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent a means of access for electronic financial transactions to a person who is not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. Written confirmation of telephone financial transfer;

1. Details of deposit transactions, data on the details of suspension of transactions, and confirmation of transaction Acts and subordinate statutes;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. A fine of three million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1488, Apr. 1, 2008) (see, 2008Da1448, Apr. 2, 201)

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