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(영문) 창원지방법원 2020.09.18 2019고단3297

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, at around 15:00 on July 13, 2019, the Defendant accepted the proposal that “if you send the check card of the account to pay interest, you will execute the loan.” On the same day, the Defendant sent a physical card, which is a means of access connected to the deposit account (C) in the name of the Defendant’s mother, to the bearer.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to investigate the details of deposits in the police statement of D (report on telephone communications between the account holder B and the account holder);

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to be used for committing a crime, such as singing, etc., and in this case, the damage was actually caused by the means of access leased by the Defendant.

The Defendant committed the instant crime even though he was ordered to suspend indictment on December 17, 2018 due to the suspicion of transfer of the means of access in the same way as the instant crime.

However, the defendant recognized the crime of this case at an investigative agency, and the defendant did not have any profit acquired by the crime of this case.

There is room for the Defendant to take into account the background of lending the means of access, such as lending the means of access in order to obtain a loan and repay the obligation.

The defendant has no history of criminal punishment.

Defendant. Other defendant.