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(영문) 창원지방법원 2019.08.13 2019고단737
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 November 1, 2018, the Defendant received a proposal from a person whose name is unknown by telephone to the effect that “I will pay KRW 800,000 won a day if I lend the e-mail card from a person whose name is unknown.” The Defendant’s consent to the proposal that “I will pay KRW 800,000 a day, if I lend the e-mail card due to a large amount of alcoholic beverage liquor tax for delivery in B,” and then sent a e-mail card connected to the Defendant’s name bank account (F) around November 6, 2018 to a person whose name is unknown, and the password was stated on the back of the e-mail card.

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

Summary of Evidence

1. Defendant's legal statement;

1. Details of G letters;

1. Application of the Acts and subordinate statutes concerning details of transactions;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is favorable circumstances such as the confession and reflect of a crime by the defendant, and the fact that there is no criminal record other than the previous conviction of a new type of fine on one occasion.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case was abused for the singishing crime, thereby causing actual damage.

In addition, the defendant's age, career, character and conduct, motive of crime, circumstances after crime, etc. and various circumstances shown in the trial and records shall be determined as ordered.

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