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(영문) 창원지방법원 2019.08.22 2019고단1336

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 March 11, 2019, the Defendant received a proposal to the effect that “for a loan, the credit rating should be obtained by falsely accumulating the transaction performance, and for this purpose, the physical card under the Defendant’s name is required.” On March 11, 2019, the Defendant sent a copy of the physical card connected to the Defendant’s name-free account (E) on the window B apartment of Changwon-si, Changwon-si, and Cdong-dong, and sent it to Kwikset service article who sent one copy of the physical card connected to the Defendant’s name-free account (E).

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of statutes on financial transaction information;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are favorable circumstances, such as the fact that the defendant confessions and reflects the crime, and that the defendant is an initial offender who has no previous criminal record.

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.