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(영문) 창원지방법원 2019.10.30 2019고단2335
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On January 24, 2019, the Defendant: (a) received the proposal that “on the face of sending the e-mail card, the Defendant would have a loan by getting the account holder to increase the details of the entry and withdrawal of the account in his name; (b) around January 24, 2019, the Defendant sent one e-mail card connected to the e-mail (E) account in the name of the Defendant to the non-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes on deposit transactions;

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(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered to determine the sentence as ordered.

A favorable circumstances: The defendant recognizes and reflects the crime of this case.

There is no record of the same crime and there is no record of punishment heavier than the fine.

D. Unfavorable circumstances: there is no material that the means of access leased by the Defendant was actually used in the singishing fraud, causing damage, and that damage was recovered.

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