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(영문) 창원지방법원 2020.01.22 2019고단3444
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In spite of the fact that anyone was promised to receive compensation and was prohibited from lending means of access, the Defendant received a proposal from a deceased person in his/her name during February 2019 that “if he/she is sent to a bank with an authorized certificate for Internet banking and an OTP security card, he/she will give a loan to a bank,” and accepted the proposal.

Around that time, the Defendant issued an authorized certificate for Internet banking (E) and an OTP security card under the name of the Defendant at C Association located in Jinhae-gu, Changwon-si, Jinwon-si, and then sent the bank documents, the OTP security card, and the CC card, which contain the identification number, which is a means of access connected to the said account, from the front side of G elementary school located in F, to the name-disceptist through Kwikset service provider, and the CC card password was known to the name-dispactistist.

As a result, the Defendant promised to receive a loan and lent a means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry of liquidity details, financial transaction details response materials, and application of Acts and subordinate statutes to individual immigration status;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;

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

1. The sentencing order under Article 334 of the Criminal Procedure Act is based on the following circumstances: (a) the sentencing conditions of the sentencing indicated in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (b) the sentence shall be determined as ordered in full view of all the following circumstances.

Unfavorable circumstances: The circumstances that the means of access that the defendant has exceeded are actually used in the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the defendant's wrong, the fact that the defendant seems to have no actual gain through the crime of this case, and that there is no record of the same punishment, etc.

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