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(영문) 창원지방법원 2020.05.29 2020고단163
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant, with the proposal of the purport that “When sending the e-mail card of an exclusive account for payment of principal and interest, I wish to execute the loan.” On July 11, 2019, at around 18:00, the Defendant sent the e-mail card in front of the “C” located in Kimhae-si B, the Defendant sent the e-mail card of the d bank account (E) in the name of the Defendant to Kwikset and notified the password to Kakaox.

Accordingly, the defendant committed an act of lending a means of access, promising an intangible expected profit to receive a loan.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to be used for committing a crime, such as singing, etc., and in this case, the damage was actually caused by the means of access leased by the Defendant.

However, the punishment is determined as ordered in consideration of the sentencing conditions stipulated under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., by taking into account the following factors: (a) the defendant is against the crime in this case; (b) there is no benefit acquired by the crime in this case; (c) there is room to take into account the background of the means of access; (d) the defendant pays a certain amount of debt each month according to the decision of the Credit Counseling and Recovery Commission; (e)

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