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(영문) 창원지방법원 2019.07.11 2019고단985
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 March 8, 2019, the Defendant received a proposal that “I would give a loan if you send a physical card to enable the payment of interest,” from a person who has no personal name. On the same day, the Defendant sent one copy of the physical card, which is a means of access connected to the Bbank account in the name of the Defendant, to a person who has no personal name, via the phone, and around March 9, 2019, sent the password of the above physical card to the person who has no personal name.

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 D police statement;

1. Application of Acts and subordinate statutes to certificates of results of electronic financial transfer, details of transactions, and copies of passbook transactions;

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 favorable circumstances such as the confession and reflect of a crime by the defendant, and the fact that there is no other criminal record except for the previous offense of a new type of fine at one time.

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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