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(영문) 창원지방법원 진주지원 2019.05.23 2018고단513
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around November 22, 2017, the Defendant heard the horses from a person who was in a name-free trust to lend money at a low interest rate. The Defendant sent a e-mail card to the Defendant’s office located in Hakkset-gun B at around 12:00 of the same month, and then delivered the e-mail card, one, and one password connected to the Defendant’s bank account in the name of the Defendant through Kkwikset-gun’s office (C).

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the detailed statement of transactions, certificate of confirmation Acts and subordinate 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. The sentencing of Article 334(1) of the Criminal Procedure Act under the grounds of the provisional payment order is based on the following circumstances and other records, such as Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various sentencing as shown in the argument of this case.

Unfavorable circumstances: Circumstances that are favorable to the fact that the means of access leased by the Defendant was damaged by the use of the means of access for “waling”: The fact that the Defendant appears to have no criminal benefits acquired is the primary offender.

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