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(영문) 창원지방법원 2019.11.27 2019고단2781
전자금융거래법위반
Text

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

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

Reasons

Criminal facts

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, upon receiving a proposal from a person who has no name, received a loan from a bank account number and a check card, and consented thereto, and then, around February 20, 2019, at a post office located in Kimhae-si, Kimhae-si, a copy of the check card (Account Number B) in the name of the Defendant was issued to a person who has no name in the cargo delivery.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to certificates of account transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered to determine the sentence as ordered.

The favorable circumstances: The fact that the defendant recognized the crime, reflects the fact that the defendant did not have the record of crime, and the circumstances unfavorable to the defendant's assertion that the crime of this case was committed: The means of access leased by the defendant is actually used for the crime of Bosing fraud, causing considerable damage, and there is no data to view that the damage was restored.

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