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(영문) 대구지방법원 서부지원 2018.11.14 2018고단1551
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, etc., which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to lend the same.

Nevertheless, on January 24, 2018, the defendant sent a e-mail card to his name-free person and notified the password to him of his personal identity through the mobile phone around January 24, 2018, would allow him to receive 26 million won as interest loan with 7.5% interest by regulating the credit rating, and return the e-mail card when he receives a loan.

“On contact, the Defendant’s account in the name of the Defendant was expressed in a way that enables to keep the account.

At the defendant's residence located in Daegu-gun Group B, the defendant sent a physical card connected to the defendant's bank D account under the name of the defendant to the name in the name of the defendant, and notified the defendant of the above physical card's password by telephone.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Articles 49(4)2 and 6(3)2 of the Act on the Electronic Financial Transactions, the selection of fines for criminal facts (the nature of the crime of this case is unlimited, but it is against the defendant when committing the crime of this case, the fact that the defendant is committing the crime of this case, the fact that the profit gained from the crime of this case is not significant, the primary crime, and other circumstances shown in the argument of this case)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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