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(영문) 창원지방법원 2019.05.15 2019고단724
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 2, 2018, the Defendant received text messages stating that “the Defendant is a liquor company, and will pay KRW 1 million for one week’s use of the same as a tax issue,” and consented to the proposal. On December 17, 2018, the Defendant sent one cash card connected to the Defendant’s name in front of the Defendant’s residence, which is located in Kimhae-si B, via Kwikset service.

As a result, the Defendant promised to receive compensation and lent the means of access to a person who has been named.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning details of transactions and banking transactions;

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: Circumstances that the means of access that the defendant has exceeded is actually used for the crime of telecommunications-based financial fraud: Confession, the means of access that has been leased is only one, there is no record of punishment for the same kind of crime, poor health conditions, etc.

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