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(영문) 대구지방법원 안동지원 2020.05.06 2019고단948
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, on June 2019, the Defendant received a proposal from a person who is unable to know the name of the police officer at a low interest and consented to the lending of funds at a low interest, which requires a physical card and password to receive the principal of the loan interest and the principal, and then notified the Kwikset service engineer who sent one copy of the physical card connected to the account of Kwikset Bank in the name of the Defendant (number B) in front of the office of Switzerland-si, Gyeongyang-gun, Gyeongyang-gun, Gyeongyang-gun, around 15:00 on the 28th of the same month.

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. Statement to C by the police;

1. Application of details of transactions, text details, and Acts and subordinate statutes on response data by financial institutions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a situation unfavorable to the defendant that is disadvantageous to the defendant when it can be used for various crimes, such as tax evasion, gambling, and fraud, and that the cream card lent by the defendant was actually used for the crime of fraud.

However, the defendant recognized the crime of this case, and the defendant appears to have lent the check card while recognizing that he was to receive the loan, and he did not receive or promise a separate transfer price.

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