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(영문) 대구지방법원서부지원 2020.12.09 2020고단1877
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 provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, around November 9, 2019, the Defendant received a proposal from a name-free person who misrepresented the lending company’s staff and accepted the proposal to the effect that “if you send a e-mail card, you will execute the loan,” and then sent one e-mail card connected to the D Bank Account (E) account in the name of the Defendant in front of the CEU in Daegu-gun District B, Kwikset Service.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on internal investigation (the sequence 5 in list of evidence);

1. Application of Acts and subordinate statutes on the details of account transactions and replies to financial transaction information;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the selection of fines for criminal facts;

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 favorable circumstances to the Defendant

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