(영문) 창원지방법원 2020.12.17 2020고정643

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(영문) 창원지방법원 2020.12.17 2020고정643

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

On June 26, 2020, the Defendant heard and consented to the statement that the lending limit can be extended from a person who misrepresented with a lending company that was connected with a B bank from the French land, and then delivered a physical card connected to the E-bank account (F) and G Association account in the name of the Defendant in the name of the Defendant in the name of the Changwon-si, Sungwon-si, Sungwon-si.

As a result, the Defendant promised to receive compensation, and lent two physical cards, which are means of access, to non-persons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written confirmations and replies of the results of transfer of each electronic financial institution;

1. The content of each Kakao Stockholm conversation;

1. Application of each statute on photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the primary criminal defendant, and the fact that the defendant was harsh to financial fraud criminals for the purpose of obtaining a loan and caused the instant crime is reasonable.

However, in view of the fact that the means of access that was transferred is abused for financial fraud crimes, such as mass production of a number of victims, and that the means of access that the Defendant transferred was actually used for financial fraud crimes, the Defendant’s responsibility is not weak.

A sentence identical to a summary order shall be imposed, including the above circumstances, by comprehensively taking into account all the sentencing factors shown in the records and arguments, including the Defendant’s age, character and conduct, environment, the background and result of the instant crime, etc.

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

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