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(영문) 대구지방법원안동지원 2020.11.25 2020고단82
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

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

On December 11, 2019, the Defendant heard the statement to the effect that “the lending will be possible if you send a e-mail card for the purpose of repayment of loans,” from a person who misrepresented the borrower’s employees in A-dong-si, A-si, and consented thereto, and notified the password of the above e-mail card through Kwikset service article, through which the above e-mail card was sent by the above e-mailer who sent the above e-mail card connected to the Cbank account in the name of the Defendant.

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 a person who is named in the name.

Summary of Evidence

1. The police's protocol of statement E in part of the defendant;

1. Application of the Acts and subordinate statutes governing the place of offense, petition, certificate of confirmation of transfer of transaction, certificate of request (A), reply (A), report on investigation (Attachment to Suspect Kakakao Stockholm), criminal place (additional attachment), report on the results of investigation, status of progress of investigation (suspect's record of violation of Electronic Financial Transactions Act), search, seizure and verification warrant

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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Although it is true that the substance of the assertion lending is true, it is not the promise of compensation.

2. Determination 1) The Electronic Financial Transactions Act was enacted to clarify the legal relationship of the electronic financial transaction to ensure the safety and reliability of the electronic financial transaction (Article 1).

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