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(영문) 대구지방법원 서부지원 2020.04.17 2019고단2468
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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around May 21, 2019, the Defendant listened to the phrase “a request to send a physical card so that the principal and interest of the business loan may be withdrawn,” from a person who was not the deceased person’s name. Around that time, the Defendant sent a physical card to a person who was already in the name of the Defendant’s operation C in Daegu-gu Seoul Metropolitan City, Seo-gu, Seoul Metropolitan City, and sent the password of the said account to the Kakao Stockholm message, which was connected with the name of the Defendant’s name (E).

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the details of transactions of self-reliance deposits, replies to requests for financial transaction information, customer information inquiry table, and details of transactions of entry and departure (A) 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. The act of lending the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, is an act to assist another crime, such as the singishing fraud, and requires strict punishment. Considering the circumstances unfavorable to the Defendant, such as the fact that the cream card leased by the Defendant and the account of the Defendant connected thereto was actually used for the singishing fraud, the fact of the offense is recognized and divided, and the fact that the Defendant recognized the facts of the offense and is divided in 2001, and there is no other history of criminal punishment other than one million won due to the violation of the Punishment of Violences, etc. Act.

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