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(영문) 대구지방법원 서부지원 2020.04.08 2019고단1596
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, the Defendant would make it possible for the Defendant to obtain a loan by making a large annual salary from a person who assumes the name of the B Bank C team leader in the name of the Defendant. Using the check card of the principal financial right account to verify income, the Defendant would receive a proposal to “brupted the e-mail card so that the income examination part of the income is passed through during this period.” Although the Defendant could not obtain a loan with the Defendant’s credit, the Defendant would make a false transaction record and obtain a so-called “illegal working loan” by deceiving the lending company by raising credit rating by raising a false credit rating, and around January 17, 2019, the Defendant sent the e-mail card connected to the F Bank account (G) account in the name of the Defendant from the Daegu North-gu Seoul Special Metropolitan City (U.S.) apartment E, which was sent to Kwikset service, and then came to know the password to his name-known person.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A copy of the I;

1. A report on internal investigation (to attach CCTV screen data which withdraw the amount of damage);

1. The details of the Kakao Stockholm letters, the deposit certificates of passbooks, the details of deposit and withdrawal transactions, and the application of Acts and subordinate statutes on CCTV screen pictures;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. The act of lending the means of access used in electronic financial transactions, such as the instant crime for sentencing Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order, is an act assisting another crime, such as the fraud, etc.

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