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(영문) 창원지방법원 2019.09.26 2019고단1695
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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 March 2019, the Defendant received the proposal that “a cream card is required to withdraw principal and interest for lending,” from the person in bad name, and accepted it. On March 3, 2019, the Defendant sent one cream card connected to the Defendant’s bank account under the name of the Defendant to the officer of Kwikset service, and sent it to G by way of delivering one cream card connected to the Defendant’s account under the name of the Defendant to the officer of Kwikset.

As a result, the defendant promised to receive compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Details of each G;

1. Application of trade-related 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access leased by the Defendant was used for the crimes of licensing, and the secondary damages actually occurred.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant's recognition of the crime and reflects against himself; (b) there is no previous conviction; and (c) the criminal organization by deceiving him/her and leading up to the case;

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