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(영문) 창원지방법원 2019.06.27 2019고단1081
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

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation therefor.

On March 21, 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented the employees of the lending company “B” to the effect that “5 million won is to be loaned; (b) the Defendant sent a personal physical card to him; and (c) the Defendant will get off the interest by using the physical card; and (d) the D convenience store located in Kimhae-si, Kimhae-si, on March 22, 2019 for the purpose of lending the loan in response to the proposal; (b) sent a personal physical card connected to the account in the name of the Defendant’s name (Account Number: E) using one copy of the physical card connected to the bank account in the name of the Defendant; and (c) notified the password.

As a result, the defendant promised to receive a future loan in return for the intangible expected profit, and lent the means of access used in electronic financial transactions to the name-indivant.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to data on bank replies;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that a part of the secondary damages were actually inflicted on the Defendant as a singishing crime using a dry means of access.

However, the fact that the defendant is expected to be aware of and not to do so in the future when committing the crime, there is no previous conviction, and there are circumstances to consider the circumstances leading to this case by deceiving the organization of the crime, and other circumstances that are conditions for sentencing such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., shall be determined by the decision of fine and the punishment as ordered.

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