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(영문) 창원지방법원 2019.09.06 2019고단1485

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

No one shall borrow or lend a means of access or keep, deliver or distribute a means of electronic financial transactions while demanding, demanding or promising to provide means of access.

On February 11, 2019, the Defendant issued a proposal to the effect that “A lending is possible due to the nature of an individual loan. If the Defendant sent a check for repayment of interest, principal, etc., 4 million won will be loaned.” On February 11, 2019, in response to the proposal, the Defendant provided a letter of C’C’s personal card linked to the DB’s account under the name of the Defendant at the “C’s office where the Defendant is working,” and then notified the above nameless person through Kwikset Service Articles, which found a letter of C’s personal card.

As a result, the defendant promised to receive a future loan in return for the intangible expected profit, and lent the means of access used in electronic financial transactions to the name-indivant.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to written confirmation of transfer results;

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.

Unfavorable circumstances: The means of access leased by the defendant was actually used for the fraud, resulting in damage, and the damage was fully recovered.