(영문) 창원지방법원 2019.07.25 2019고단1718

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.07.25 2019고단1718

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

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor, and shall not lend or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

On April 10, 2019, the Defendant received a proposal for a loan fraud crime to the effect that “when sending a e-mail card, it would be possible to get a loan by accumulating false transaction records” from a person with no personal standing in the C office located in Chang-si B, Chang-si, and consented thereto, and issued the e-mail card connected to the Defendant’s name D (E) account under the name of the Defendant through the selective distribution service, and notified the password using F.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Provision of financial transaction information;

1. Application of the Ff course-faging statutes;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 and 6 (3) 3 of the Electronic Financial Transactions 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the account leased by the defendant was used for the singing crime, and the second damage was practically caused.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant was aware of and against the defendant when committing a crime; (b) the criminal organization was accused and the circumstances leading to the case were taken into account; and (c) there was no previous

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

-형법 제69조 제2항

-형법 제70조 제1항

-형사소송법 제334조 제1항

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