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(영문) 창원지방법원 2019.10.11 2019고단2122

전자금융거래법위반

Text

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

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

Reasons

Criminal facts

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, on August 28, 2018, in front of the defendant's residence in Kimhae-si B, the defendant sought from his name-free person through mobile phone C text messages to use the account to pay wages to the construction site workers at the construction site. If he borrowed his body card, he will use it for 2-3 days and pay it to 600,000 won or more in return."

Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of transactions of entry and withdrawal, and financial account replys;

1. Application of the Acts and subordinate statutes to a photograph of CCTV images taken in cash;

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.

A favorable circumstances: The defendant recognizes and reflects the crime of this case.

There is no record of the same crime.

D. Unfavorable circumstances: there is no material that the means of access leased by the Defendant was actually used in the singishing fraud, causing damage, and that damage was recovered.

Defendant has a large amount of criminal records, and period of repeated crime.