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(영문) 창원지방법원 2020.01.10 2019고단3150

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on July 12, 2019, the Defendant listened to the statement that “on the face of sending a physical card to enable the payment of interest, the Defendant would give a loan,” and then sent the physical card, which is the means of access of B (Account Number: C) in the name of the Defendant, at the Changwon District Court post office located in Sungwon-gu, Sungwon-gu, Sungwon-si, Changwon-si, Changwon-si, Changwon-si, on the same day, to the D Mex.

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. Statement of the police statement of E;

1. Application of trade-related Acts and subordinate statutes;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered to determine the sentence as ordered.

The favorable circumstances: The fact that the defendant recognized the crime and reflects it, the fact that there is no record of the same kind of crime, and the circumstances unfavorable to the defendant's assertion that the means of access leased by the defendant actually occurred due to the use of the crime of Bophishing fraud, there is no data to regard that the damage was fully recovered, and on April 12, 2017, the Changwon District Court sentenced two years of suspended execution to four months of imprisonment for the crime of injury, and committed the crime of this case during the period of suspended execution, which became final and conclusive on August 31, 2017.