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(영문) 창원지방법원 2019.09.06 2019고단1757

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.

On March 20, 2019, the Defendant promised to receive KRW 1,500,00 in return for the lease of the account in the name of the Defendant from the non-defensor for three days in front of the third floor, which is the Defendant’s residence located in Kimhae-si, Kim Jong-si, to receive KRW 1,50,00 in return for the lease of the account in the name of the Defendant, and notified the above non-defensor through Kwikset Service Delivery Agency of the password,

As a result, the Defendant promised to receive the price and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on details of transfers;

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.

Unfavorable circumstances: The means of access leased by the Defendant was actually used for the fraud, causing damage.

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

The victim was returned all the victims deposited in the defendant's account.

It is an initial crime with no criminal history.