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(영문) 창원지방법원 2019.06.27 2019고단701

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

The Defendant sent a letter posted on the “B” car page, which he became aware of through Internet search, to a person who has no name, and then sent the passbook and card to him. The Defendant received the proposal and consented to the loan of KRW 2 million per head of Tong and the card, and then sent one passbook and one physical card connected to the Defendant’s name bank account (C) at the Kim Sea Bus Terminal around August 26, 2015.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation benefit that can receive a loan, and lent it to a person who is named.

Summary of Evidence

1. Defendant's legal statement;

1. Written evidence and statements of the draft D;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order leads to the confession and reflect of the Defendant’s crime, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, under the situation where various Bosing crimes, which have serious harm to our society, are still taking place.

In addition, the account of this case was abused for the singishing crime, thereby causing actual damage.

In addition, the defendant's age, career, character and conduct, motive of crime, circumstances after crime, etc. and various circumstances shown in the trial and records shall be determined as ordered.