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(영문) 대전지방법원 천안지원 2020.04.28 2020고정76
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

No one shall commit any act of lending any means of access while promising to use and manage the means of access.

On July 23, 2019, the Defendant received a proposal from a person who had misrepresented himself/herself as his/her employee, stating that “In order to obtain a loan, he/she shall send a physical card” from a person who had misrepresented him/her as his/her employee, and issued a physical card (B) and its password, which is the means of access to the bank account (B) in the name of the Defendant, at the Yananan-dong post office located in the Yan-gu, Chungcheongnam-si, Yan-si.

As a result, the Defendant promised to provide a loan, and lent the means of access of the Defendant to a nameless person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the internal investigation report (the specification of the original fmp code), the report of internal investigation (related to the account of withdrawing damage);

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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, acknowledges his criminal act.

However, given that the means of access that was leased is ordinarily used in the phishing criminal act, there are many good victims, there is a great need to punish the act of lending the means of access. In fact, it is unfavorable that the means of access that was actually leased by the Defendant was used in the phishing

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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