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(영문) 창원지방법원 2020.01.08 2019고단3627
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 11, 2019, anyone receives a promise for consideration and is not allowed to lend the means of access to electronic financial transactions, the Defendant received a proposal from a person who has no name, “on the face of sending a physical card, if you send it, by repeatedly creating a transaction statement, and will offer a loan after raising the credit rating.” On the same day, Kim Sea B sent a physical card connected to the Defendant’s bank account in the name of the Defendant in front of Kim Sea through Kwikset Services, and then notified the person who has no name to the name of the accused through Kwikset Services, and the password to the person who has no name.

As a result, the Defendant promised to receive a loan and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each transfer certificate and detailed Acts and subordinate statutes;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances in which the means of access that the defendant has passed is actually used in the crime of telecommunications-based financial fraud: The defendant repents and reflects the defendant's mistake; the fact that the defendant seems to have no profit that he has actually acquired through the crime of this case; the first crime, etc.

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