beta
(영문) 창원지방법원 2019.09.04 2019고단1615

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

Around 14:00 on March 8, 2019, the Defendant received a proposal from a person who was unaware of his name in the name of the Defendant, “on the face of 3,00,000,000 won,” and sent a physical card connected to the Agricultural Cooperative Deposit Account (C) under the name of the Defendant, via Kwikset Service Articles.

As a result, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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.

It is an initial crime with no criminal history.

There is no material to deem that the means of access leased by the Defendant was actually used in the singishing fraud, thereby causing damage, and that the damage was fully recovered.