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(영문) 창원지방법원 2019.06.19 2019고단996
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on November 9, 2018, the Defendant listened to the statement that “When sending a e-mail card so that interest may be paid, the Defendant would give a loan.” On the same day, the Defendant sent the e-mail card to the bearers under the name of the Defendant by sending one copy of the e-mail card (E), which is the means of access under the name of the Defendant, to the bearers under the name of the Defendant in the name of Msan-si Member B.

Accordingly, the Defendant promised to lend the means of access to his name in return for compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement concerning F;

1. Application of statutes on customer information lists and details of financial transactions of D cooperatives;

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. 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 defendant's excessive means of access is actually used in the crime of telecommunications-based financial fraud; the defendant's mistake is divided and reflected; the first offender, etc.

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