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(영문) 창원지방법원 2019.09.10 2019고단1311
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, on December 2018, the Defendant received a proposal from a person whose name was unknown, to the effect that “the Defendant would give KRW 3,00,000 per unit account when operating rubber imported companies,” from a person whose name was unknown, and then sent a physical card to a person whose name was unknown in front of his residence B at the window of Changwon-si on December 23, 2018, by sending one copy of Kwikkset Card, connected to the national bank account (C) in the name of the Defendant, to the person whose name was unknown on the road in front of his residence, around 15:00.

As a result, the Defendant promised to receive the price and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on account transaction;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the account leased by the defendant was used for the singing crime, and the second damage was practically caused.

However, in light of various circumstances such as the defendant's age, character and conduct, circumstances leading to the crime, and circumstances leading to the case by deceiving the criminal organization, there are no profits earned by the defendant, there is no criminal record, and the defendant's age, character and conduct, circumstances leading to the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by the decision.

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