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(영문) 대구지방법원 서부지원 2020.03.25 2019고단2881
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, around August 4, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he would lend up to eight million won a e-mail card to a person who sent the e-mail card to collect principal and interest, and consented thereto, and then, in the front of Daegu-gu, Daegu-gu, Seoul-gu, one copy of the e-mail card linked to the e-mail card (C) linked to the e-mail card under the name of the Defendant was sent to a person whose name cannot be known through Kwikset Service.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (related to the execution of a warrant of search, seizure, and inspection)

1. Application of Acts and subordinate statutes to the details of transfer, Kakakao dialogue;

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 act of lending the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as scaming, etc., considering the circumstances unfavorable to the Defendant, such as the fact that the cream card leased by the Defendant and the account of the Defendant connected thereto was actually used for scaming, and the fact that the Defendant recognized the facts of the offense and divided, and the fact that the scam is the first offender, etc. shall be determined as per the order in consideration of the circumstances favorable to the

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