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(영문) 대구지방법원 서부지원 2019.11.28 2019고단2018
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 the means of access, no one may lend the means of access while promising any compensation unless otherwise specifically provided for in other Acts.

On September 17, 2018, the Defendant: (a) received a proposal stating that “When sending a physical card, the Defendant borrowed KRW 10 million after the loan examination and will return the card”; (b) around that time, the Defendant sent the Defendant’s name in front of the Defendant’s home in Daegu-gun Group B and C to Kwikset Service Articles who sent the Defendant’s name in front of the Defendant’s home in Daegu-gun Group B and C, issued one copy of the physical card connected to the Defendant’s name’s bank account in the name of the Defendant, and notified the Nonparty of the name card password to E.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Details of deposits and transactions;

1. The report on internal investigation (number 4);

1. Application of the Investigation Report (No. 6) 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the fact that the defendant is expected not to repeat again after recognizing the crime of this case, and the defendant has no criminal record, other than once juvenile protective disposition, etc.

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