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(영문) 창원지방법원 밀양지원 2020.01.30 2019고정141

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access used in electronic financial transactions, lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around June 19, 2018, the Defendant received a proposal that “the Defendant would lend KRW 10 million from the person who was unaware of his/her name, to whom the loan interest would be used to withdraw the loan interest.” In response, the Defendant sent the physical card connected to the Defendant’s new bank account (C) in the B apartment parking lot in the Gyeongnam-gun, 2018. On June 22, 2018, the Defendant sent the personal identification number to the Kwikset service article, who sent the false personal identification number to the person who was unaware of his/her name.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A police interrogation protocol of the accused (including a copy of the passbook attached thereto and a statement of conversation);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (application for a warrant of search, seizure, verification, and application for financial account) and a warrant of search, seizure and verification (2018-7479);

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 sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following circumstances: (a) the Defendant took measures to prevent the withdrawal of money deposited from the victim of Bophishing (which seems to have been threatened by Bophishing fraud). (b) The following circumstances are taken into account: (c) the Defendant’s attempt to separate and reflect the crime; and (d) there is no significant penalty power.