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(영문) 창원지방법원 2019.06.14 2019고단1075
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

Nevertheless, on January 20, 2019, the Defendant received a proposal from an unqualified person to the effect that “in order to obtain a loan, the credit rating should be obtained by falsely accumulating the transaction performance, and for this purpose, the physical card under the Defendant’s name is required.” On January 20, 2019, the Defendant saw the Defendant into the name poor person by using a letter of physical card connected with the Defendant’s B account under the Defendant’s name (C) as a post office.

Accordingly, the Defendant lent the means of access for the purpose of crime use.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Account transactions and currency details;

1. Application of Acts and subordinate statutes concerning investigation reports (related to the attachment of text messages);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 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. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:

An unfavorable circumstance: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession by the defendant and there is no record of punishment for the same crime.

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