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(영문) 창원지방법원 2019.10.08 2019고단1956
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

On April 15, 2019, the Defendant: (a) received the proposal that “I would give a loan if I send a physical card to enable I to pay interest; (b) on April 15, 2019, the Defendant sent one check card connected to the new bank account (D) under the name of the Defendant to the non-known in the name of the Defendant through Kwikset Service; and (c) delivered the password of the said physical card to the non-known in the name of the Defendant through B.

Accordingly, the Defendant transferred the means of access to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to transaction transfer;

1. Relevant Article 49 (4) 1 of the Electronic Financial Transactions Act and Article 49 (4) 1 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment was that the means of access transferred by the defendant was used for the crime of licensing, and the secondary damage was practically caused.

However, the punishment as ordered shall be determined in consideration of various circumstances, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., and the conditions for sentencing, such as the defendant's age, character and behavior, circumstances, and circumstances after the crime, under which there are no previous convictions, and the circumstances leading to this case by deceiving the criminal organization.

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