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(영문) 창원지방법원 2019.10.01 2019고단1511
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 February 27, 2019, the Defendant: (a) supplied alcoholic beverages to a non-material-free business entity by telephone from a name-free business entity; and (b) lent a check to use for gold; (c) on the same day, the Defendant offered a proposal that he/she would use the card for three days and provide 2.4 million won per day to a non-material-free business entity; (d) at the D office located in Kimhae-si on the same day, he/she sent a check card, which is a means of access connected to the Saemaul Bank Account (E) in the name of the Defendant, to the name-free business entity; and (e) notified the name-free business entity of the password number of the check card.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written evidence and a written statement of the G production;

1. F characters;

1. Application of statutes for the certificate of account transfer;

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 of the provisional payment order is that the defendant confessions and reflects a crime, and that there is no previous conviction in the same kind of 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, environment, motive of crime, circumstances after crime, etc. shall be determined as ordered by taking comprehensive account of various circumstances shown in the trial and records.

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