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(영문) 창원지방법원 2019.05.30 2019고단852
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 December 6, 2018, no one may lend a means of access with the knowledge that it would be used for a crime, however, the Defendant provided a means of access with the knowledge that it would be used for a crime by suggesting a lending fraud crime that “on the face of sending a e-mail card, it would create a false transaction performance and enhance credit and provide a loan under good conditions.” On the same day, the Defendant provided a means of access with the knowledge that it would be used for a crime by reporting the e-mail card connected to the name B bank account (C) in the name of the Defendant at the private forest post office located in the window in Changwon-si, Changwon-si, Changwon-si, by registering it as a post office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of replies to requests for financial transaction information;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the fact that the defendant was at the time of and against the crime; (b) the fact that the second damage was not realized since the money was not withdrawn from the defendant’s account; and (c) there was no particular criminal record in addition to the punishment of fines twice for this crime; and (d) other circumstances that are conditions for sentencing, such as the defendant’s age, character and conduct, circumstances, circumstances leading to the crime, and circumstances after the crime, etc.,

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