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(영문) 창원지방법원 2019.07.19 2019고단1307
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

On March 5, 2019, the Defendant: (a) received a proposal from a person without a personal name to “to lend a e-mail card so that the principal and interest of the loan may be paid; (b) sent the e-mail card to the person with a personal name in front of the Defendant’s new bank account (D) in the Seocho-gu C Hospital in Chang-gu, Chang-gu; and (c) sent the e-mail of the above e-mail card to the person with a personal name in front of the Defendant’s new bank account (D) on the same day.

Accordingly, the defendant committed an act of lending a means of access to others in return for an intangible expected profit of receiving future loans.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on account transactions and E-Characters;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of 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 the offender because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the Defendant is actually used to commit fraud: The confession by the Defendant; and it is an initial offender who has no record of criminal punishment.

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