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(영문) 대구지방법원 2019.09.19 2019고단2520
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

Except as otherwise provided for in any other Act, no one shall lend any means of electronic financial transactions with the receipt, request or promise of the consideration.

Nevertheless, on February 15, 2019, the Defendant received a proposal to the effect that “if she wishes to obtain a loan because it is possible to do so, regardless of personal credit, she shall first send the physical card connected to the current account so that she can collect interest on the direct loan,” from a person who assumes a false name as a member of the lending company by telephone, and then consented to it. On February 15, 2019, the Defendant sent the physical card number connected to the Defendant’s B account at the Postal Post Office located in Daegu-gu Suwon-si (Seng-gu) (C) around February 18, 2019, by sending it to the Busan-si (Seng-gu) designated by the person who was not the recipient of the above name, and notified the person who was not the victim of the bank account number by telephone.

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. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Automatic Machinery Specifications (E) 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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in a workhouse lending the means of access, and the liability for the crime is not somewhat weak in terms of the fact that the means of access lent is used to commit fraud.

However, the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, are equally considered and the punishment is determined as ordered.

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