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(영문) 대구지방법원서부지원 2020.11.11 2019고단2227
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

No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, the Defendant: (a) proposed that “to obtain a loan” from a person in bad name who assumes the name of the lending company staff; (b) the Defendant would have obtained a low interest rate loan by accumulating transaction performance when sending a physical card and an authorized certificate; (c) although the Defendant was unable to obtain a loan with the Defendant’s credit, the Defendant would have obtained a so-called “illegal work loan”; (d) obtained a loan from a lending company by deceiving the lending company by raising credit rating by creating a false transaction performance; and (e) around March 21, 2019, at around March 21, 2019, sent one check card connected to the Defendant’s account (D) in the name of the Defendant before the Defendant’s house located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Sungdong-gun, and sent the certificate to the person in bad name.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the E-Written Warrant Review Acts and subordinate statutes;

1. Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) concerning criminal facts, the choice of fines, and the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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