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(영문) 창원지방법원 2019.11.22 2019고단2840
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, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation therefor.

Nevertheless, around April 28, 2019, the Defendant received a proposal to the effect that “When sending a physical card, the Defendant will make a loan to a maximum of three million won by raising the credit rating by raising the details of transactions of deposits and withdrawals,” and accepted it. On May 14, 2019, the Defendant sent a copy of the check card connected with the name-based bank account (B) in the name of the Defendant through a man who sent the name-free winners from the center of Busan Dong-gu and Busan dong-gu to the center of 206 and the name-free bank account (B) in front of the Busan dong-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of detailed statement of deposit transactions, search and seizure warrant, and new Acts and subordinate statutes;

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 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 in which the means of access that the defendant has passed is actually used in the crime of telecommunications-based financial fraud: The defendant repents and reflects the defendant's mistake; the fact that the defendant seems to have no profit that he has actually acquired through the crime of this case; the first crime, etc.

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