beta
(영문) 창원지방법원 밀양지원 2018.03.15 2018고단14

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

Punishment of the crime

No person shall transfer any access medium in the use and management of such medium.

On July 2017, when the Defendant sent a cash card from a person who was in a name of a police officer, the Defendant was offered a proposal to grant a loan at a low interest rate.

The Defendant had previously sent a cash card in order to obtain a loan by such a way as above and had experience not only in receiving a loan but also in receiving a cash card, so it may not be returned even if the Defendant sent the cash card to the above person who was named in the name of the Defendant.

On July 19, 2017, 14:00, the first corridor No. 105-2, 306-2, U.S. 105-306, U.S. sent one cash card connected to the bank account (Account Number: C) under the name of the defendant to the non-resident.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

Unfavorable circumstances: Circumstances in which the Defendant’s name account was used for criminal acts and part of the money deposited into the said account was used by the Defendant: The fact that there was no record of punishment for the same kind of crime.