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(영문) 창원지방법원 2019.11.26 2019고단3003

전자금융거래법위반

Text

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

However, the execution of the above fine for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, upon receiving a proposal from his name bad, received a statement from his name bad, stating that “When sending a physical card, he will register and verify the automatic transfer related to the loan, and then will grant the loan.” On August 8, 2019, the Defendant issued the C Bank Account (Account Number: D) of the Defendant’s account under the name of the Defendant on the front day of Chang-gu, Chang-si, Chang-si, Seoul Special Metropolitan City B through Kwikset.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A E-document;

1. A remittance statement;

1. Application of F details-related statutes;

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. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act, including the following: (a) the Defendant was aware of and immediately reported to the police after the instant case; and (b) the fact that the Defendant actively prevented the occurrence of relevant damage, such as the return of the victim of the crime of Bosing the money obtained by deceit deposited in the Defendant’s account to the victim, etc.)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;