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(영문) 창원지방법원 2019.07.11 2019고단726
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 1, 2018, the Defendant: (a) received a loan fraud proposal from a person whose name is unknown by telephone, to the effect that “it is not possible to lend up to 11% per annum; (b) it is low to the credit rating; (c) if you send a physical card connected to the account in the name of the customer, you will repeatedly raise the credit rating by depositing in the physical card; and (d) if the credit rating is below the credit rating, it may release the loan; and (c) accepted it on November 13, 2018, the Defendant sent the password card connected to the account in the name of the Defendant to a person with no knowledge of the above name, and (d) sent it by telephone.” (c) On November 13, 2018, the Defendant sent the password card by using Kwikset Service to the person with whom the above name is unknown.

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions and reflects a crime, and there is no criminal record exceeding the same kind of criminal record or fine, etc.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case was abused for the singishing crime, thereby causing actual damage.

In addition, the defendant's age, career, character and conduct, motive of crime, circumstances after crime, etc. are shown in the trial and records.

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