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(영문) 창원지방법원 2020.01.08 2019고단3345
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation therefor.

Nevertheless, on May 30, 2019, the Defendant obtained a proposal from a person who was not the name of the Defendant to the effect that “for a loan, the credit rating should be obtained by falsely accumulating the transaction performance, and for this purpose, the physical card in the name of the Defendant is required.” On May 30, 2019, the Defendant sent two copies of the physical card connected to the D Bank account in the name of the Defendant’s name, using the phone line from C located in the window B of Changwon-si, Changwon-si around May 30, 2019, by using the phone line to the D Bank account in the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the transfer certificate and the details of entry and withdrawal;

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 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances in which the means of access that the defendant has passed is actually used in the crime of telecommunications-based financial fraud: The defendant repents and reflects the defendant's mistake; the fact that the defendant seems to have no profit that he has actually acquired through the crime of this case; the first crime, etc.

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