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(영문) 창원지방법원 2019.09.20 2019고단1882
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

No person shall lend a means of access, promising any consideration.

On March 2019, the Defendant: (a) received a proposal from a person who was recommended to borrow letters from a police officer, and consulted him with a person who was named in his name and borrowed; (b) received a loan by creating a transaction performance; (c) in response to the proposal, the Defendant would receive the loan; and (d) received the loan, around March 20, 2019, sent a letter of C Center under the name of the Defendant before the Busan Gangseo-gu Center C Center located in Gangseo-gu, Busan; and (c) sent it to Kwikkset service article in his name who found him, and notified him of his password.

As a result, the defendant promised to receive a future loan in return for the intangible expected profit, and lent the means of access used in electronic financial transactions to the name-indivant.

Summary of Evidence

1. Defendant's legal statement;

1. Details of account transactions;

1. Application of the Acts and subordinate statutes to photograph criminal land, body cards photographing photographs, and CCTV caps;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, family relationship, health status, the details and circumstances of the instant crime, and the circumstances after the instant crime.

The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.

The means of access leased by the accused was actually used for the fraud crime.

A favorable circumstance: The defendant shall recognize the crime of this case and shall not repeat the same mistake.

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