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(영문) 창원지방법원 2019.08.14 2019고단1957
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 13:20 on May 13, 2019, the Defendant borrowed the means of access used in the electronic financial transaction in his/her name in order to obtain a loan, such as issuing a cash card (E) connected to the Dbank account in the name of the Defendant after receiving the proposal that “the principal and interest of the loan would be paid by depositing in the account in the name of the Defendant. However, the loan will be withdrawn by us if the principal and interest of the loan is paid by depositing in the account in the name of the Defendant.” After accepting the proposal that “the request for a check in the account to deposit the principal and interest of the loan.” After accepting the proposal, the Defendant lent one cash card in the name of the Defendant to Kwikset Service delivery source, and notifying the password to C Mek.

As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Submission of a report on internal investigation (the submission of a detailed statement of deposit transactions and the grounds for application of search, seizure and verification warrant) and C statutes;

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 exceeded is actually used in the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the mistake, and that there is no record of the same kind of punishment.

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