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(영문) 대구지방법원안동지원 2020.08.19 2020고단109
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, around October 17, 2019, the Defendant: (a) received a proposal from a person whose name misrepresenting the “C” employee “C” at a rate of 3.6% per annum; (b) instead, the credit rating should be higher by creating a transaction statement of entry into the account; and (c) consented to make the transaction details of entry into the account by our company available for loans; (d) around October 22, 2019, the Defendant sent a e-mail card connected to the E-cooperative account under the name of the Defendant to a person whose name cannot be known through Kwikset Service, and (e) notified the Kakao Kao Stockholm of the password number.

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. A petition, a detailed statement of transactions, a internal investigation report (financial transaction information reply), CIF data, and a detailed statement of transactions;

1. Application of the statutes on search and seizure inspection warrants;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) it is necessary to strictly eradicate the transfer of the means of access, as in the instant case, because it is highly likely to be abused for highly detrimental crimes, such as tax evasion, gambling, telephone financial fraud, etc.; and (b) the means of access actually transferred by the Defendant is disadvantageous to the Defendant.

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