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(영문) 창원지방법원 2019.07.25 2019고단347 (1)
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 13, 2017, the Defendant: (a) obtained a proposal from an unqualified person who along with “B” game using the Internet as “B” online, and consented to the proposal by “to raise points by lending a game, such as a face-to-face,” and (b) obtained the passbook, C, C, and OTP card from the Defendant’s name on July 12, 2017; (c) obtained the passbook, C, and issued the passbook, C, and OTP card; and (d) delivered the said passbook, C, C, and OTP card to the needy person via the taxi engineer sent by the Defendant on the street in the city of Kimhae-si, his residence on July 13, 2017.

Accordingly, the Defendant transferred the means of access to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to each investigation report (attaching a copy of a deposit sheet, etc. and a copy of a passbook);

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, and selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are favorable circumstances, such as the fact that the defendant confessions and reflects the crime, and that the defendant is an initial offender who has no previous criminal record.

However, the act of transferring the means of access to electronic financial transactions, such as the instant crime, is inseparably indivisible with various scaming crimes that inflict serious harm on our society, online gambling crimes, etc., and there is a high need for strict sanctions.

In addition, the defendant's age, character and conduct, motive of the crime, circumstances leading to the crime, existence of profit gained by the crime, circumstances after the crime, and relation to accomplices, etc. shall be determined as ordered by taking into account the various circumstances shown in the public trial and records.

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