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(영문) 창원지방법원 2019.10.08 2019고단2022

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor, and shall not lend or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

On December 16, 2018, the Defendant received a loan fraud proposal from the head of the D team, etc., who misrepresented the employees of the financial institution by telephone before the Changwon-si's counter B restaurant, and received a loan to the effect that "to have a loan by accumulating a false transaction performance, if sent, it would be possible to have a loan by accumulating a false transaction performance", and accepted it, and issued two physical cards connected to the Agricultural Cooperative (E) and the Kakao Bank (F) account in the name of the Defendant through the Kwikkset Service Delivery Board, and notified the password via telephone.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each specification of transactions;

1. Application of Acts and subordinate statutes on hosting details;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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 of the order of provisional payment was the means of access leased by the defendant to the crime of Bosing. However, the defendant's time of committing the crime and reflects, the account transaction was suspended, and the second damage was not practically caused. There are no particular criminal records as well as the punishment of a fine once for the crime of this paper, and there are other circumstances that may be taken into account the circumstances leading to this case by deceiving the organization of the crime.