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(영문) 창원지방법원 2019.09.10 2019고단1376
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 3, 2018, the Defendant listened to the statement that “I would give a loan if you send a physical card to enable the payment of interest,” from the person who was named in the name of the Defendant, and issued one check card, which is the means of access to the new bank account (D) in the name of the Defendant, to the person who was named in the name of the Defendant, through 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. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

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 that the defendant confessions and reflects a crime, and there is no criminal record exceeding the same criminal record or fine.

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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