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(영문) 창원지방법원 2019.10.16 2019고단1759
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall promise to provide any compensation for the use and management of the means of access to electronic financial transactions, and shall lend the means of access knowing that such means are to be used for any crime.

On March 1, 2019, the Defendant received a proposal for a loan fraud crime to the effect that “on the face of sending a physical card, the Defendant would have a loan by accumulating a false transaction performance,” and accepted it, and issued the physical card and the NongHy account (C) account in the name of the Defendant through the security guard of the Seocho-gu Seoul Metropolitan Government B apartment security guards, and notified the password by telephone.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written petition;

1. Application of Acts and subordinate statutes on the certificate of transfer financing, the details ofF dialogue, and account transactions;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the lending of the means of access while promising compensation), and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act (the lending of the means of access knowing that the means of access is to be used for crimes);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.

The defendant has been lent.

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