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(영문) 창원지방법원 2019.10.30 2019고단2077

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On March 29, 2019, the Defendant received a proposal from a non-person who assumes the former employees of a lending company to the effect that “a loan will be made if he/she forwards a down-to-face card with his/her name to receive the interest of the loan due to a tax problem,” and accepted it, and around March 29, 2019, the Defendant sent one check card linked to the D Bank accounts (E) in the name of the Defendant to the said non-party via Kwikset Service Articles. < Amended by Act No. 1417, Mar. 29, 2019>

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the details of transactions in the D Bank Accounts;

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.

A favorable circumstances: The defendant recognizes and reflects the crime of this case.

There is no record of punishment for the same crime, and there is no record of punishment more severe than fine.

There is no material to deem that the means of access leased by the Defendant was actually used in the singishing fraud, thereby causing damage, and that the damage was fully recovered.