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(영문) 대전지방법원 2020.01.09 2019고정1071
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend a means of access in electronic financial transactions while receiving, demanding or promising any consideration.

Nevertheless, around May 26, 2019, the Defendant: (a) committed an act of using a means of access, such as the check card of the bank account (D) in the name of Kwikset Service, to believe that if the Defendant was unable to obtain a loan due to low credit, he would be able to obtain a loan, he/she sent a e-mail card to be used in the transaction details; and (b) issued the e-mail card to the bearer.

Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal to lend the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A written petition;

1. A reply to CCTV information and a photograph of personal investment;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (which means of access to a means of payment) 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. According to Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of the following factors: (a) the Defendant’s confession of the reason for sentencing under Article 62(1) of the suspended sentence; (b) there are some grounds to consider the motive and circumstance of the instant crime; (c) the Defendant suffers from a severe mental disorder; and (d) the Defendant has no previous conviction

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