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(영문) 창원지방법원 2020.01.17 2019고단3402
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

On September 8, 2019, the Defendant accepted a proposal from a telephone financial fraud assistance staff member on his name and accepted the proposal that “on the face of sending a physical card for the payment of principal and interest on a loan, I will be able to grant a loan.” On September 8, 2019, the Defendant sent a copy of the physical card connected to the bank account under the name of the Defendant in the vicinity of Sung-gu, Changwon-si, Changwon-si, and sent it to a place designated by the telephone financial fraud organization member on the name of the Defendant.

Accordingly, the Defendant promised to pay 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 results of electronic financial transfer, personal information, and details of deposit and withdrawal 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. 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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