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(영문) 창원지방법원 2019.09.04 2019고단1611
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

No person shall, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising to do so.

Nevertheless, in order to obtain a loan of KRW 4 million from a person who misrepresented as B staff member on April 3, 2019, the Defendant must accumulate a false transaction performance and obtain credit rating, and to this end, a physical card in the name of the Defendant is required.

“The proposal for a loan fraud crime was received and consented to it, and around 14:00 on April 3, 2019, at the window C of Changwon-si, sent a physical card (including a password) connected to the account (F) under the name of the Defendant before the settlement of the D Company.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes concerning transfer transaction confirmation;

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:

Unfavorable circumstances: The act of transferring the means of access must be punished 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 favorable to the fact that the means of access transferred by the defendant has been actually used to commit the crime of fraud: The fact that the defendant is led to confession and reflect by the defendant; and that it is an initial crime without

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