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(영문) 대전지방법원 서산지원 2019.10.23 2019고단634
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On February 8, 2019, the Defendant: (a) received a proposal from a person who was named in the name of the Defendant to the effect that “it is possible to lend up to 5 million won at a low interest rate of 3% per annum; (b) to borrow a loan, the Defendant sent a physical check connected to the lower account that should withdraw the interest on the loan; and (c) around February 11, 2019, the Defendant sent a copy of the physical card linked to the Defendant’s name to the DNA bank account (E) account in the name of the Defendant through Kwikset C’s article around Seosan-si, Yongsan-si.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Details of transfer, personal information inquiry, details of entry and departure transactions;

1. Application of the Glogic Acts and subordinate statutes

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act that is disadvantageous to the sentencing of the provisional payment order: The lending of the means of electronic financial transactions can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions.

The card lent by the defendant was used for the actual fraud crime.

The favorable circumstances: The defendant seems to have no benefit from the crime of this case.

There is no criminal record against the defendant.

Other circumstances, such as the age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, etc., shall be determined as per the disposition.

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