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(영문) 창원지방법원 2019.08.23 2019고단1559
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 a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around December 4, 2018, the Defendant listened to the statement that “the Defendant would give a loan if sending the crow card to enable the payment of interest,” and then, in front of the Defendant’s residence in Kimhae-si, he issued one check, which is the means of access in the name of the Defendant C(D) to the Defendant via Kwikset Service Articles.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on the receipt of deposits without passbook, the names of the winners and the F dialogues;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) 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 for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:

An unfavorable circumstance: The act of lending the means of access is necessary to punish the offender because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the Defendant is actually used to commit fraud: The confession by the Defendant; and it is an initial offender who has no record of criminal punishment.

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