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(영문) 청주지방법원 영동지원 2021.03.25 2020고정55
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

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, while searching for a place where money is lent on the Internet on October 4, 2019, the Defendant sent a check card to repay the principal and interest of the loan to a person who assumes the name of the person who assumes the loan from the name of the person who assumes the loan.

different types.

Around October 6, 2019, at the request of a person without the above name, sent a physical card connected to the Agricultural Cooperative Account (B) under the name of the Defendant to a person without the name in a way of sealing the card to a box in a box in the City interesting City C, and notified the password to the Kakao Stockholm.

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. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a certificate of transfer confirmation);

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts and the selection of fines for the choice of punishment

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

1. The act of lending a medium access to electronic financial transactions for the reason of sentencing Article 334(1) of the Criminal Procedure Act requires not only the credibility of the safety performance of electronic financial transactions, but also the strict liability to the lender of the access medium with a high risk of being used as a tool of crime, such as singing, tax evasion, concealment of criminal proceeds, and money laundering.

In particular, the physical cards that the defendant lent to a person with no name was used to commit the phishing crime by deceiving 6 million won from D by the person with no name.

(b).

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