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(영문) 창원지방법원 2019.06.13 2019고단560
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

At around 12:00 on November 21, 2018, the Defendant: (a) received the proposal that “When sending a e-mail card, to have the e-mail be extended by means of telephone; (b) the Defendant borrowed the means of access connected to the Defendant’s account from the e-mail; (c) instead of obtaining credit loans in a normal way; (d) lent the means of access connected to the Defendant’s account to the e-mail; and (e) submitted it to the Defendant as if it was the Defendant’s normal transaction performance; and (e) submitted it as if it was the Defendant’s normal transaction performance; and (e) submitted it to obtain credit loans; and (e) around November 22, 2018, the Defendant sent the e-mail card, which is connected to the Defendant’s account in the name of the E-bank (F) from Kim-si, through Kwikset service, sent the identification number of the said e

As a result, the Defendant committed an act of lending a means of access to another person while promising to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Details of transactions for entry and withdrawal;

1. Application of the G details Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the accused confessions and reflects the crime, and that there is no other criminal record except for the previous offense of a new type of fine at one time.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case was abused for the singishing crime, thereby causing actual damage.

The age, career, character and conduct, motive of crime, and motive of the defendant.

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