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(영문) 창원지방법원 2019.11.27 2018고단3592
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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 person shall knowingly lend the means of access to be used for a crime.

Nevertheless, around August 2018, the Defendant: (a) on the fiveth floor of the Chang-si, Chang-si, Chang-si, the fiveth, and (b) on the fiveth floor, that “AC Bank is a bank; (c) may lend KRW 30,000,000,000, and prior details of transactions should be created; (b) upon the transfer of the physical card, the Defendant would make a loan by creating transaction performance; (c) and (d) obtained the loan, and issued a e-mail card connected to the post office account (Account Number: D) opened in the name of the Defendant for the purpose of obtaining the loan, using Kwikset’s service, and notified the password

Accordingly, the Defendant lent the means of access knowing that it will be used for loan fraud crimes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E/Sgd. and written statements;

1. Application of the statutes on dialogues, the details of account entry and transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 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.

When the account of the defendant is suspended, the amount of damage from Bosing shall be the victim.

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