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(영문) 창원지방법원 2020.01.21 2019고단3073
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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant received a proposal from a name-free person to the effect that “When sending one physical card, the Defendant would lend KRW 3 million out of the living capital,” and accepted the proposal, and then, at around 14:00 on August 19, 2019, at a Gyeyang post office located in the guidance of the military, the Defendant sent one physical card in the name of the Defendant’s account B (Account Number: C) to the name-free person.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. Written complaints and statements of the draftD;

1. A transaction receipt and a detailed statement of account transactions;

1. Application of 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 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 against the act of lending the means of access to electronic financial transactions, under the circumstances where various Bosing crimes, which have caused serious harm to our society, are still taking place on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act.

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 of crime, circumstances after crime, etc. and various circumstances shown in the trial and records shall be determined as ordered.

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