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(영문) 창원지방법원 2019.10.16 2019고단2317
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 April 23, 2019, the Defendant received a proposal from a telephone financial fraud assistance employee to pay 15-200,000 won per day if he/she lends his/her account to deposit private sports earth money at a non-permanent location, and consented thereto, and around April 24, 2019, at around 17:00, he/she notified the non-resident of a physical card connected to the C Bank D Center in the name of the Defendant at around 17:0, 2019, at the C Bank D Center in the name of the Defendant at around 17:0.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning the details of transfer transactions and the contents of G dialogue;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.

The means of access leased by the accused was actually used for the fraud crime.

A favorable circumstance: The Defendant recognized the instant crime and did not repeat the same mistake.

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

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