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(영문) 창원지방법원 2019.07.23 2019고단1433

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 February 27, 2019, the Defendant: (a) heard the end that “In order to obtain a loan at low interest rate of KRW 7 million; (b) the principal and interest payment card registered in the account in the Defendant’s name is required; and (c) when the repayment of the loan is completed if the check is given first, the check shall be returned at the time when the loan is paid out; and (d) gave a copy of the check card to E, around March 4, 2019, which was linked to the Cbank account in the name of the Defendant in the Cbank located in Kimhae-si, Kim-si B.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Details of transactions of inputs;

1. Application of the Acts and subordinate statutes on G dialogue;

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 favorable circumstances such as the confession and reflect of a crime by the defendant, and the fact that there is no other criminal record except for the two-time penalties.

However, 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, and there is a high need for strict sanctions.

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.