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(영문) 창원지방법원 2020.02.05 2019고단3637
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On July 31, 2019, no one promised to use a means of access in electronic financial transactions and lends the means of electronic financial transactions. However, the Defendant received a proposal from a person without his/her name, stating that “if he/she sends a physical card, he/she will create a bank transaction performance and increase the credit rating, and consented to it, and on August 2, 2019, the Defendant sent a physical card connected to the Defendant’s bank account (D) in the name of the non-party to the name of the non-party to the name, and notified him/her of the password by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The application of the details of account transactions, the details ofF dialogue, and the Acts and subordinate statutes related to selective compensation;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

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 recognized the instant crime and did not repeat the same mistake.

Defendant has no record of criminal punishment for crimes in the past.

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