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(영문) 창원지방법원 2019.03.27 2018고단3454
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person may transfer or acquire the means of access in using and managing the means of electronic financial transactions.

At around 14:43 on September 10, 2018, the Defendant: (a) provided loan counseling using B’s message to a person whose name is unknown after receiving letters that he/she would proceed with lending at a low interest rate; and (b) provided a written proposal that “A customer’s thickness may lend 5 million won at the interest rate of 3% per annum; (c) a customer’s check is necessary to confirm whether the customer’s account is usable; (d) prior to the loan, the customer’s check is required to confirm whether the customer’s account is available; and (e) consented to the delivery of the customer’s card to Korea’s account to Korea’s staff on September 15:00 on September 11, 2018, at the entrance apartment of the window of Changwon-si, Changwon-si, and around 00, a physical card linked to the DB account in the name of the Defendant to a person whose name is unknown.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the F dialogue-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 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. Sentencing sentence of Article 334 of the Criminal Procedure Act of the order of provisional payment: Punishment of a fine of 3 million won: The grounds for mitigation, such as that the means of access that the defendant has passed is actually used for committing a crime of telecommunications financing fraud: Confession, the means of access transferred, the family members, and the same criminal records (two times of fines), etc.;

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