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(영문) 창원지방법원 2020.02.05 2019고단3820

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 9, 2019, the Defendant accepted a proposal from an employee of telephone financial fraud assistance in the name of a police officer at a non-deficial location, and consented to the lending of up to 10 million won when sending the physical card. On August 9, 2019, the Defendant sent the physical card to a place designated by the telephone financial fraud organization in his name via the convenience store line, which is linked to the post office account (D) in the name of the Defendant at the convenience store located in Seongbuk-gu, Sungwon-gu, Changwon-si, Changwon-si, which was around August 9, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on transfer;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the following reasons: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors; and (d) the sentence shall be determined as ordered.

Unfavorable circumstances: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession and reflect by the defendant; and it is an initial criminal who has no record of criminal punishment.