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(영문) 대구지방법원 안동지원 2020.01.08 2019고단738
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 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.

Nevertheless, on August 8, 2019, the defendant accepted the proposal that "if it is possible to use the C employee D for loan interest, the defendant sent the C employee D's false name with the C employee D' from a person whose name is not known to him/her, he/she will help him/her to proceed with the loan by paying interest on the C's loan interest and withdrawing the loan interest from the F's card."

9. At around 14:00, he sent one check to the address known by a person whose name is not known, and sent a password by telephone to the address known by the person whose name is not known.

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 G;

1. Transfer certificate;

1. Data on response to the E bank;

1. Application of Acts and subordinate statutes to report internal investigation (personal information of account holders);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Act on the Provisional Payment Order harms the security of financial transaction, and the card lent by the Defendant was actually used for fraud.

However, the defendant has no record of being punished for the same crime and has no record of being sentenced to a fine, and the defendant seems to have failed to obtain monetary benefits from the case in this case, and the occupation, age, character and conduct, environment of the defendant.

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