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(영문) 창원지방법원 2019.09.10 2019고단1620
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, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor, and shall not borrow or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

Nevertheless, on March 2019, the Defendant received a loan fraud proposal 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 March 21, 2019, the Defendant sent one check (including a password) connected to the bank account in the name of the Defendant through the Kwikset-gu building and the Swikset-based service article sent by the non-loaner in the name of the Defendant, around 18:00 on March 21, 2019.

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. A written statement;

1. A report on investigation;

1. Application of G content-related Acts and subordinate statutes

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning criminal facts;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the account leased by the defendant was used for the singing crime, and the second damage was practically caused.

However, there is a reason to consider the fact that the defendant is aware of and reflects on the time of committing the crime, the circumstances leading to the crime organization, and the reason why the crime resulted in this case, and the fact that there is no particular criminal record other than the punishment once by fine due to the crime, and the age, character, character, environment, and circumstances leading to the crime.

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