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(영문) 창원지방법원 2020.09.23 2020고단1261
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while requiring or promising to receive compensation, and shall not lend or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

Nevertheless, around July 3, 2019, the Defendant received a proposal from a name-free person who assumes the name of the lending business entity to “if it is possible to lend, but if so, it is necessary to make the details of false income, and sent a physical card under his name.” On the following day, the Defendant delivered a physical card connected to the Defendant’s account in his name to the Kwikset service engineer in front of the Sung-gu B apartment guard office in Changwon-gu, Changwon-gu.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning a petition, a certificate of confirmation, a written statement, the entry money transaction details, and the Kakao Stockholm conversation;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined by taking into consideration the fact that the defendant has acquired the amount of damage worth KRW 6 million deposited by the defendant’s account.

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