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(영문) 창원지방법원 2019.07.25 2019고단1087
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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On January 2019, the Defendant received a proposal from a deceased police officer on his name and accepted it to the effect that he would offer a loan if he sent a physical card to enable him to pay interest. On January 20, 2019, the Defendant issued one physical card connected to the account of community credit cooperatives (D) in the name of the Defendant to Kwikset Service Officer through Kwikset Service Officer.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of transactions;

1. Application of the Acts and subordinate statutes on text messages;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant confessions and reflects the crime.

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 for committing a crime, circumstances after committing a crime, and various circumstances revealed in the trial and records, such as criminal records, shall be determined as ordered.

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