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(영문) 대구지방법원 안동지원 2020.01.15 2019고단754
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 March 19, 2019, the Defendant received a proposal from a person whose name is unknown to the end of his/her name, and consented to the receipt of a proposal that “on the face of sending the check card, it is possible to provide loans by repeating the entry and exit of the check.” On April 19, 2019, the Defendant sent one physical card connected to the Defendant’s account under the name of the Defendant at a restaurant located in B where he/she is permanently residing in North Korea, and notified the male who sent the above name to the person whose name is not known, and the password was 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. Certificates of transfer results;

1. Details of deposit transactions;

1. Application of Acts and subordinate statutes to the D D Session Examination (A customer information, details of transactions, and application for 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 under Article 334(1) of the Criminal Procedure Act seems to have been revealed that the cards lent by the Defendant were actually used for fraud, and the Defendant was charged with the same offense and received a disposition of non-prosecution by an investigative agency, thereby constituting a crime of lending the means of access.

However, the defendant has no record of punishment for the same crime, the fact that the defendant did not obtain monetary benefits in this case, and the fact that he shows a attitude against the mistake, and other defendants.

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