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(영문) 창원지방법원 2020.04.02 2019고단3400

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

On July 2, 2019, the Defendant accepted a proposal from a telephone financial fraud assistance staff member on his name and accepted the proposal to the effect that “a loan will be made up to 6 million won if he forwards a e-mail card for the payment of principal and interest on a loan.” On July 2, 2019, the Defendant sent one e-mail card connected to the Defendant’s name to a place designated by a telephone financial fraud organization member in the name of the Defendant in the vicinity of the Seongbuk-gu B Officetel under the name of the Defendant. Accordingly, the Defendant promised to lend the means of access to the electronic financial transaction in return for payment, but in light of the applicable provisions of law, it appears that it is a clerical error.

Summary of Evidence

1. Defendant's legal statement;

1. Application of D's statements, certificates of confirmation, and Acts and subordinate statutes governing financial transactions meetings;

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 singing, etc. The act of lending the Defendant’s e-mail card and the account of the Defendant connected thereto is actually used for singing. Considering the circumstances unfavorable to the Defendant, the fact that the Defendant recognized the instant crime and divided the Defendant, and the fact that the Defendant is the first offender, etc. shall be determined as per Disposition in consideration of the circumstances favorable to the Defendant.