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(영문) 대전지방법원 천안지원 2019.11.29 2019고단2468
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.

Nevertheless, at around 17:00 on April 28, 2019, the Defendant sent C message to the Defendant’s home located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, that “I will check the transaction performance and make a deposit to the bank employees’ name due to low credit rating, and would enhance the transaction performance. If you send the e-mail card, I would make a loan by accumulating the transaction performance.” The Defendant sent the e-mail card connected to the D bank account (E) under the name of the Defendant using Kwikset service.

Accordingly, the defendant promised to receive intangible expectation interest that he/she can receive future loans through the details of deposit and withdrawal transactions, thereby lending the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Application of Acts and subordinate statutes to damage specifications;

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. In light of the fact that the crime of transferring or lending the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also becomes a means that facilitates any other crime, the case is not exceptionally used for the crime, on the other hand, the means of access provided by the defendant was actually used for the crime in this case, the confession and reflect of the crime in this case by the defendant, the fact that the defendant has no record of criminal punishment, and other circumstances revealed in the records

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