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(영문) 대구지방법원 안동지원 2020.02.12 2019고단860
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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, the Defendant, on August 21, 2019, received a proposal from a person whose name is unknown, and consented to the withdrawal of the repayment of loans from the e-mail card if it is possible to lend up to five million won, and if it is sent to the e-mail card, he would withdraw the repayment of loans from the e-mail card. On the 22th of the same month, the Defendant sent the e-mail card connected to the e-mail account in the name of the Defendant to Kwikset service article, and notified the password through F.

As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent a means of access for electronic financial transactions to a person who is not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of deposit transactions;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Act on the Provisional Payment Order harms the security of financial transaction, and the card lent by the Defendant was actually used for fraud.

However, the Defendant’s lending of the physical card to the Defendant as a means of paying interest in order to obtain a monthly loan to the employees of the store operated by the Defendant, the primary offender who had no record of criminal punishment prior to the instant case, the Defendant’s failure to obtain monetary benefits from the instant case, and appeared in a way against the mistake, and the Defendant’s occupation, age, and the Defendant’s occupation.

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