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(영문) 창원지방법원 2019.11.27 2019고단1755
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 lend any means of access in promising to use and manage the means of electronic financial transactions.

On April 1, 2019, the Defendant received a proposal that “When sending the check card from an account under the name of a party, it would have the bank transaction performance created and get loans from the account holder,” and then delivered the cash card and password connected to the account under the name of the Defendant C (D) to the above person using the home-based card.

As a result, the Defendant promised the acceptance of intangible consideration, such as borrowing, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the receipt of transfer and account transaction;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.

The means of access leased by the accused was actually used for the fraud crime.

A favorable circumstance: The Defendant recognized the instant crime and did not repeat the same mistake.

Defendant has no record of punishment for the same kind of crime in the past.

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