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(영문) 창원지방법원 2020.02.19 2019고단3075

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On February 19, 2019, the Defendant accepted a proposal and sent 1.8 million won from a telephone financial fraud assistance employee in a name-free place to a place designated by the said telephone financial fraud organization (E) at around 10:30 on March 4, 2019, “The Defendant shall pay 1.8 million won if he/she loans one e-mail card to be used in a liquor company for three days.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by the F;

1. Application of the Acts and subordinate statutes governing financial 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 defendant recognized the crime and reflects the defendant's act, and the conditions unfavorable to the defendant's first offender who has no criminal power: The defendant actively lent the physical card to the defendant; the means of access that the defendant lent to the defendant actually used for the Bosing fraud; the defendant withdraws the amount of damage deposited into his account and arbitrarily used it; however, the defendant does not pay the amount of damage for the reason of insolvency.