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(영문) 창원지방법원 2019.09.04 2019고단1682

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

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 March 12, 2019, the Defendant received a proposal that “the method of making a loan of KRW 8 million may be available, and the principal and interest shall be paid to the account in the name of the principal each month.” On the same day, the Defendant sent the check card to the account in the name of the principal and interest.” On the same day, the Defendant sent the check card to the Defendant’s national bank account (E) in front of the C Apartment-dong, which is linked to the Defendant’s national bank account (E) in front of the Chang-gu, Chang-si, Chang-si.

Accordingly, the defendant provided a loan to 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 the details of account transactions for deposit and withdrawal;

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.

It is an initial crime with no criminal history.

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.