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(영문) 창원지방법원 2019.10.24 2019고단2124
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

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, on January 7, 2019, the Defendant: (a) received a proposal that “The Defendant shall register the e-mail card of the Defendant in order to pay interest on the loan of KRW 20 million from the name unsound who introduced himself as the employee of the “B” lending company through mobile phone text messages; (b) received a proposal that “the e-mail card shall be sent; (c) the e-mail card shall be sent; (d) the Defendant sent the e-mail card to the Defendant’s E-association account at the D convenience point located in the window C of Changwon-si, and sent the e-mail card, etc. connected to the Defendant’s E-Union account at the window.”

Accordingly, the defendant provided a loan to the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Answer to a financial account statement;

1. Application of the Acts and subordinate statutes to photograph the H letter upon closure;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the account leased by the defendant was used for the singing crime, and some of the secondary damages actually occurred.

However, a similar criminal record for which a fine has become final and conclusive (violation of Real Name Financial Transactions and Guarantee of Secrecy) that the Defendant was aware of and against the time of committing the instant crime, that the secondary damage was not realized due to the Defendant’s voluntary report on some of the money, and that there was a circumstance to consider the circumstances leading to the instant crime by deceiving the organization of the instant crime (violation of Real Name Financial Transactions and Guarantee of Secrecy) was committed on February 2019

It has no record of punishment exceeding a fine, and the age, character and conduct of the defendant.

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