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(영문) 창원지방법원 2019.06.27 2019고단974

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

On January 17, 2019, the Defendant: (a) received the proposal that “I would give a loan if I send the e-mail card so that I may pay interest; (b) around January 21, 2019, the Defendant sent the e-mail card one connected with the d bank account (E) in the name of the Defendant to Kwikset-gu, Sungwon-si, Sungwon-si; and (c) delivered the e-mail card password to the name Buddhistist via F.m.

Accordingly, the defendant committed an act of lending a means of access to others in return for an intangible expected profit of receiving future loans.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes governing account 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is aware of and reflects on the time of committing the crime, the suspension of transactions and the second damage did not occur, the circumstances leading to the instant case by deceiving the criminal organization have no previous convictions, and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances which are conditions for sentencing such as the conditions for sentencing after the crime are considered, and the punishment is determined as ordered by the order.