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(영문) 창원지방법원 2019.10.30 2019고단2361

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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on April 15, 2019, the Defendant accepted a proposal from a person who has no name in the morning to the effect that “a loan will be made at 2% per month.” On the same day, the Defendant sent a physical card from the account to be used for withdrawing the principal and interest to the account,” and then delivered one copy of the physical card, which is a means of access connected to the bank account in the name of the Defendant to the person who has no name in the name of the Defendant, through Kwikset service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

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 the same crime and there is no record of punishment heavier than the fine.

D. Unfavorable circumstances: there is no material that the means of access leased by the Defendant was actually used in the singishing fraud, causing damage, and that damage was recovered.