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(영문) 창원지방법원 2020.01.10 2019고단3146
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

On July 1, 2019, the Defendant: (a) received a proposal from a name-free person who misrepresented himself/herself as an employee of a lending company to the effect that “if he/she first sends the e-mail card linked to the Defendant’s account, he/she will proceed with the loan of KRW 7 million after confirming whether the e-mail card is the normally possible account by using the e-mail card; and (b) delivered one e-mail card connected to the Defendant’s national bank account (C) in front of Kimhae-si on July 2, 2019 through Kwikset service.

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to the above-mentioned person.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A list of transactions by account and a list of customer information;

1. Application of Acts and subordinate statutes on dialogue details;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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 great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The fact that the defendant is led to confession and reflect, and that there is no record of punishment exceeding the fine.

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