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(영문) 창원지방법원 2019.08.14 2019고단1728
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

No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.

At around 16:00 on January 20, 2019, the Defendant received a proposal that “to lend a loan. However, the principal and interest of the loan will be deposited in the account in the name of the Defendant,” from a person who has no standing in the name of the Defendant, and consented to the proposal that “The principal and interest of the loan will be withdrawn from the account in the name of the Defendant.” After receiving the proposal that “The bank card of the account to deposit the principal and interest of the loan is changed,” and then delivered one cash card and password of the account in the name of the Defendant to the above person via Kwikset Service Delivery Board.

As a result, the Defendant promised to receive intangible prices of loans and lent the means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of transfer of damages, and the application of Acts and subordinate statutes on the new data of financial institutions;

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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that the means of access that the defendant has passed is actually used for the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the mistake, and that there is no power to impose the same kind of punishment or fine exceeding the amount

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