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(영문) 창원지방법원 2020.01.10 2019고단3223
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On July 23, 2019, the Defendant sent a physical check from the telephone financial fraud assistance employee at a name-free place to the place designated by the telephone financial fraud organization in the name of the Defendant through Kwikset Service, “The Defendant sent a physical check to enable him to pay interest and principal to the loan at the rate of 2% per month.” On July 25, 2019, the Defendant accepted the proposal and sent a copy of the physical check card connected to the bank account in the name of the Defendant in the name of the Defendant in the vicinity of the Sung-gu, Changwon-si, Changwon-si.

Accordingly, the Defendant promised to transfer the means of access to compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on replies, such as the details of account transactions, and the F dialogue;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:

Unfavorable circumstances: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession and reflect by the defendant; and it is an initial criminal who has no record of criminal punishment.

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