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(영문) 대구지방법원 안동지원 2019.07.17 2019고단274
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

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, at around 13:00 on January 15, 2019, the Defendant consented to the proposal that “a personal cash loan is possible. It is possible to pay interest for two months, and the principal and interest should be repaid at the same time from the third month. Postal cards need to be repaid. As the principal and interest for the loan need to be repaid, the check card is sent.” On the same day, at around 16:55 on the same day, the Defendant sent to Kwikset-si B and C of the above name in the name of the Defendant to Kwikset-si, B and C of the above name, and notified Kwikset-si of the password card’s password number to the Defendant’s account in the name of the Defendant (number: E) by using F message.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Details of transfer of funds, records of currency, and replies to requests for financial transaction information;

1. The F dialogue with GI by its own name;

1. Application of the Act and subordinate statutes to an investigation report (A submitted with the “Acting Justice of the Office for the Calendal Affairs of Individual Money” attached to F dialogues with the said Office);

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 transfer and lending of the means of access for electronic financial transactions with the reason for sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access lent by the defendant is used as a singishing crime.

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