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(영문) 창원지방법원 2019.08.21 2019고단1530

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

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, on February 10, 2019, the Defendant received a proposal that “I will give another person’s account in order to reduce taxes to alcoholic beverages companies. I will lend one million won if I have borrowed I’s account for three days.” On February 13, 2019, the Defendant sent a physical card, etc. connected to the Defendant’s corporate bank account (B) at the Gamcheon-dong post office located at 391 44, Kimhae-si, Kimhae-si around February 13, 2019.”

Accordingly, the defendant provided a loan to the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. A written petition;

1. Details of dialogue, remittance details, and application of text messages to the Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act 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 on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.

The means of access leased by the accused was actually used for the fraud crime.

A favorable circumstance: The defendant shall recognize the crime of this case and shall not repeat the same mistake.