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(영문) 창원지방법원 2019.06.26 2019고단1326
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, around April 3, 2019, the Defendant received a proposal that “the Defendant sent a e-mail card to the lending for the repayment of interest” from a person who was not the personal name, and sent a e-mail card connected to the Defendant’s name (C) bank account.

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. Written complaints, etc. filed in D;

1. Application of Acts and subordinate statutes, such as account 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 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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