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(영문) 창원지방법원 2020.05.08 2019고단3966
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant received a proposal from an unregistered person who runs a credit business without registration to the effect that “When sending a e-mail card, the principal and interest will be reduced or exempted.” On August 2018, the Defendant issued the e-mail card of the account (Account Number: B) of an enterprise bank account in the name of the Defendant at the Changwon Bus Terminal located in 371 as the original window of Changwon-si, Changwon-si.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on financial transaction status;

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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that the means of access that the defendant has passed is actually used in the crime of telecommunications-based financial fraud: The defendant repents and reflects the defendant's mistake; the fact that the defendant seems to have no profit that he has actually acquired through the crime of this case, and that it is the first offender, etc.

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