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(영문) 창원지방법원 2020.01.10 2019고단3472
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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around August 27, 2019, the defendant accepted the proposal that "the defendant will pay a charge if he/she lends a physical card necessary for the settlement of alcoholic beverage prices" from a person who has no personal name, and around 10:00 on the same day, in front of the defendant's residence in Kimhae-si B, he/she sent the physical card card, which is a means of access connected to the account of community credit cooperatives (C) in the name of the defendant, and one copy of the physical card, which is a means of access connected to the defendant's husband D community credit cooperative account (E) in the name of the defendant, through Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. The details of damage transfer, customer information inquiry, details of transactions (A, Saemaul, and C);

1. Application of the Acts and subordinate statutes on brochures lending a passbook transmitted by A;

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 sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:

An unfavorable circumstance: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The fact that the defendant is led to confession and reflect, and that there is no record of punishment exceeding the fine.

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