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(영문) 창원지방법원 2019.09.26 2019고단1437
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 January 16, 2019, the Defendant received a loan fraud proposal to the effect that “to obtain a loan, a credit rating must be obtained by accumulating false transaction records, and to this end, a physical card under the Defendant’s name is required.” On January 19, 2019, the Defendant sent a physical card (including password) connected to the Defendant’s name bank account (D) from the building B in Kimhae-si and the front side of the C heading, and then accepted it.

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 of the police statement of E;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning criminal facts;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are favorable circumstances, such as the fact that the defendant confessions and reflects the crime, and that the defendant is an initial offender who has no previous criminal record.

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. and various circumstances shown in the trial and records shall be determined as ordered.

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