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(영문) 창원지방법원 2019.01.09 2018고단2882
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 2018, the Defendant received a proposal from a person who was killed in the name of the police officer (hereinafter referred to as the “head of the B Office”), stating that “The Defendant would take three million won to lend one account and use it for three days,” and promised to receive six million won on the condition of lending two accounts, and then, around the 20th day of the same month, the Defendant issued two physical card-based cards connected to the name of the Defendant in the name of the D Bank (E) and the F Bank (G) account to the said person using Kwikset Service, and sent the password to the said person with H using H.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the details of seizure and search warrant;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (with regard to each means of access, referring to a fine, including each means of access);

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

1. Sentencing sentence of Article 334 of the Criminal Procedure Act: Imprisonment with prison labor for a period of up to two years: Punishment of a fine of up to 5 million won: Reasons for mitigation, such as that the means of access that the accused has exceeded is actually used in telecommunications-based financial fraud: confession, family members (three minor children), initial offenders, etc.;

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