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(영문) 창원지방법원 2019.10.16 2019고단2026
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation for the use and management of the means of electronic financial transactions, and shall knowingly borrow or lend a means of access for a crime or be used for a crime, or keep, deliver or distribute a means of access.

On March 3, 2019, the Defendant received a proposal for a loan fraud crime to the effect that “on the face of sending a e-mail card, it would be possible to get a loan by accumulating a false transaction performance” from a person with no personal name by telephone, and accepted the proposal, and sent a e-mail card connected to the D Association (E) account in the name of the Defendant, and notified the password using F.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on the payment of damages, and financial data reply;

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(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered to determine the sentence as ordered.

A favorable circumstances: The defendant recognizes and reflects the crime of this case.

It is an initial crime with no criminal history.

D. Unfavorable circumstances: there is no material that the means of access leased by the Defendant was actually used in the singishing fraud, causing damage, and that damage was recovered.

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