beta
(영문) 창원지방법원 2019.11.28 2019고단1724

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

On January 28, 2019, the Defendant received a loan fraud proposal from a person whose name is unknown by telephone to the effect that “When sending a e-mail card to obtain a loan, it shall be created as if the company did work, and if it is possible to collect the loan, it will increase the transaction performance in the way of prohibiting the company from entering and withdrawing the company’s money on the e-mail card.” On the same day, the Defendant sent a e-mail card connected to the Defendant’s name bank account (D) via Kwikset, and notified the password using E.

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes on response data by C Bank;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are favorable circumstances, such as the fact that the defendant confessions and reflects the crime, and that the defendant is an initial offender who has no previous criminal record.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case has been abused for the Bosing crime, causing actual damage, and in this regard, the defendant has gained profits from the settlement of the card price.

In addition, the defendant's age, career, character and conduct, motive of crime, circumstances after crime, etc. and various circumstances shown in the trial and records shall be determined as ordered.