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(영문) 대구지방법원서부지원 2020.10.29 2020고단487
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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 11, 2019, the Defendant listened to the statement that “the Defendant sent a e-mail card so that he may withdraw interest at a rate of 24% per annum to nine million won” from a person who assumes a false name as a proxy for B Company C, and at around 12:35 on the same day, he issued one e-mail card connected to the e-bank account (F) in the name of the Defendant in Daegu-gu, Daegu-gu, Daegu-gu, to Kwikset Service Articles, and notified the password of the above account to Kwikset messages.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of transfer of the police statement to G, reply to the request for financial transaction information, and the application of statutes governing the Kakao dialogue;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lending of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the crime is not good, and the fact that the means of access leased by the defendant was actually used for the fraud crime is unfavorable.

However, there is no benefit from the crime of this case, there is no record of criminal punishment, the defendant's age, character and conduct, environment, family relationship, and the means and result of the crime.

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