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(영문) 창원지방법원 2019.05.15 2019고단623
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend the means of access to any electronic financial transaction with the promise of receiving prices.

At around 13:00 on December 6, 2018, the Defendant agreed to receive KRW 3,00,000,000 on the condition that the Defendant’s account was leased in front of the residence of the Defendant who was located in the window B of Changwon city, on the condition that the Defendant’s account was set up in the name of the Defendant in front of the residence of the Defendant, and, through Kwikset Service Delivery Board, sent back the check card, etc. connected to the Defendant’s name C (D

Accordingly, the Defendant promised to receive compensation and lent the means of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (a accompanying document for the victim);

1. Application of Acts and subordinate statutes for transfer certificate;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that the means of access that the defendant has passed is actually used in the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the defendant's mistake; the defendant's active measures immediately after the crime appears to have been partially recovered; the first offender, etc.

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