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(영문) 창원지방법원 2020.04.29 2019고단2731 (1)
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 26, 2019, the Defendant: (a) received a proposal from a person who misrepresented the borrower, stating that “I will create a transaction performance by sending the check card, write down credit rating, and then will borrow loans; and (b) received such proposal; and (c) delivered one check card linked to the new bank C account in the name of the Defendant through Kwikset (Kwikset) service before Kim Sea B, on June 26, 2019.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on 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. Article 62 (1) of the Criminal Act;

1. In addition, the means of access for electronic financial transactions on the grounds of sentencing of Articles 70(1) and 69(2) of the Criminal Act (in the event that a suspended sentence is invalidated or revoked, the means of access for electronic financial transactions are likely to be used for crimes, such as singishing, etc., and in the instant case, the damage was actually caused by the means of access leased by

However, the defendant reflects the crime of this case, there is no benefit acquired by the crime of this case, the circumstances of the means of access may be taken into account, the defendant appears to have prevented the expansion of damage by requesting the suspension of payment to financial institutions, the defendant has no record of criminal punishment, and other conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., shall be determined as per the order.

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