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(영문) 창원지방법원 2019.11.29 2019고단2279

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 March 7, 2019, the Defendant received a proposal from a person who misrepresented the borrower with a view to lending, and accepted the proposal that “a request to send a check card that will be used to deposit the principal and interest to the Defendant’s account and withdraw the principal and interest.” On March 7, 2019, at the entrance of the C Burial located in Kimhae-si B, the Defendant sent the check card to the above needy person via Kwikset’s service. < Amended by Presidential Decree No. 25134, Mar. 7, 2019>

As a result, the defendant provided a means of access in return for an intangible expectation interest that can receive a future loan.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the E statement;

1. Application of Acts and subordinate statutes on account transactions;

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 and reflected the crime; the same kind of crime does not exist; the circumstances unfavorable to the defendant's assertion that the means of access leased by the defendant was actually used for the crime of Bophishing, and there is no data to regard that the damage was completely recovered.