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(영문) 창원지방법원 2019.07.24 2019고단1349
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 the means of access, no one shall lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, around 16:00 on February 18, 2019, the Defendant received a proposal to the effect that he would lend 7,000,000 won to the lender at an interest rate of 2% per month if he sent the e-mail card from the person who misrepresented himself, and accepted it. On the same day, the Defendant sent the e-mail card connected to the Defendant’s bank account (E) prior to the C laundry and sent the e-mailed name to the Kwikset service article.

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

Summary of Evidence

1. Defendant's legal statement;

1. A petition and the F statement;

1. Details of remittance, details of account transactions, and application of text messages to Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of 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 means of access leased by the accused was actually used for the fraud crime.

A favorable circumstance: The Defendant recognized the instant crime and did not repeat the same mistake.

Defendant has no record of punishment for the same kind of crime in the past.

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