logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.10.08 2019고단1998
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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 borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor, and shall not borrow or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

Nevertheless, around April 26, 2019, the Defendant received a loan fraud proposal to the effect that “for a loan, a credit rating should be obtained by falsely accumulating transaction records, and for this purpose, a physical card or passbook under the name of the Defendant is required.” On April 29, 2019, the Defendant sent one copy (including a password) of the passbook in the name of the Defendant’s bank account (E) and one (G) connected to the H bank account (G) and one (including a password) connected to the H bank account (I) through Kwikset service article sent by the non-indicted in the name of the Defendant on April 29, 2019.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each specification of transactions;

1. Application of the laws and regulations on the contents of K dialogue;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment was that the means of access leased by the defendant was used for the crime of licensing and that a large amount of secondary damages actually occurred.

However, there is no particular criminal record in addition to the punishment of a fine once for a crime, and the circumstances leading to this case by deceiving the organization of the crime.

arrow