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(영문) 창원지방법원 2019.05.16 2019고단414
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, around October 5, 2018, the Defendant reported the sales advertisement of passbooks posted on the Internet, and received a proposal that “I will give KRW 2 million per month if I lend the passbook,” from the person who was not in contact with him, and sent a physical card, etc. connected to the Defendant’s Cbank account (Account Number: D) to his name-free person through Kwikset service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of statement;

1. Each statement;

1. Application of Acts and subordinate statutes to the confirmation of the results of transfer, written confirmation of transfer transactions, details of transactions, electronic financial transaction certificates, details of transactions, details of deposits transactions, and details of accounts

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are favorable circumstances, such as the fact that the defendant confessions and reflects the crime, and that the defendant is an initial offender who has no previous criminal record.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case lent by the defendant was abused for the crimes of Bophishing, and there were many actual victims.

In addition, trials and records, such as the age, career, character and conduct, motive of crimes, and circumstances after crimes, etc.

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