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(영문) 광주지방법원 2020.01.17 2019고단4721
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

No person shall borrow or lend a means of access necessary for electronic financial transactions while receiving, demanding or promising the payment.

Nevertheless, around June 21, 2019, the Defendant sent the physical cards and passwords connected to the account in the name of the Defendant to the non-indicted insured through Kwikset Service Officer, in accordance with the proposal of the non-indicted insured under the name that “In order to obtain a loan, the cream card to withdraw interest and principal is needed,” and that “in order to obtain a loan, the Defendant sent the interest and principal to the non-indicted insured.”

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A list of transactions;

1. Application of the contents of dialogue (No. 10 No. 5 of the evidence list) Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was that the account leased by the Defendant was used for the commission of the fraud, but due to the Defendant’s appropriate response, the damage amount was not delivered to the fraudulent organization but returned to the victim of the fraud. There is no criminal record, the crime is recognized, the means of access is recognized, and the number of times of lending the means of access was limited to one time, and there is no actual profit.

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