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(영문) 창원지방법원 2020.09.02 2019고단3920

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2019, the Defendant received a proposal from a member of the telephone financial fraud assistance in the name of the Defendant at a non-sceptic location, and consented to the lending of 6 million won at an interest rate of 3%, if he sent a cream card for interest payment, at an interest rate. On June 10, 2019, the Defendant sent the check card to a place designated by the said member of the telephone financial fraud organization by visiting one copy of the check card connected to the account of the community credit cooperatives (B) in the name of the Defendant at the Changwon-gu, Sungwon-gu, Sungwon-gu, Sungwon-si, Sungwon-gu, Sungwon-gu, 201.

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

Summary of Evidence

1. Application of the defendant's legal statement C written evidence of each member transaction account to the statutes;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. The means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act is highly likely to be used for committing crimes, such as licensing, etc., and in this case, damage was actually incurred due to the means of access leased by the Defendant.

However, the defendant reflects the crime of this case, and there is no benefit that the defendant acquired by the crime of this case.

In an economic difficult situation, there is room for the defendant to take account of the background of lending means of access, such as lending means of access in order to obtain a loan as operating funds.

Defendant has no record of punishment for the same kind of crime.

In addition, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered.