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(영문) 대전지방법원 2020.07.23 2020고단1577
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 one may lend any means of access with promise to pay for the use and management of the means of access.

Nevertheless, at around 12:00 on November 20, 2019, the Defendant accepted a proposal that “I will send 5% of the fee of the money deposited in the hotel casino exchange business from his name-free from his name-free person in the Dong-gu, Dong-gu, Dong-gu, Man-dong-gu, 43,000-ro. I would like to withdraw the money deposited in the business-use card and deposit in the bank if I would deposit without the passbook. I would accept the proposal that “I will send the check card in his name so that I can confirm the keeping of the record because I would have no contact.” I sent the check card in the name-free person by packaging it in the name-free person, using a high-speed bus, and inform the name-free person using the account number and password of the above physical card.

Accordingly, the Defendant promised to provide compensation, and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol on the accused (including the attached Kakao Stockholm dialogue, the currency content, and the detailed statement of deposit transaction);

1. Statement made to D by the police;

1. A detailed statement of transfer, B reply data from the Association, and CCTV closure data;

1. Application of Acts and subordinate statutes to investigation reports (whether to prohibit the withdrawal of damage and CCTVs prohibited from withdrawal);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The means of electronic financial transactions transferred or lent to a third party for sentencing under Article 334(1) of the Criminal Procedure Act may cause damage to many and unspecified persons as they are used to commit fraud, such as licensing, etc.

In fact, the means of access that the defendant transferred was used to commit fraud.

However, the defendant committed the crime of this case.

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