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(영문) 창원지방법원 2017.11.09 2017고단3312

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2017, the Defendant: (a) received a proposal from a person in an infinite name in the C golf indoor practice room located in Kimhae-si B, stating, “When sending the e-mail card, the Defendant would be able to obtain a low-interest loan by raising credit rating by obtaining a loan from the lending company and repaying the Defendant’s existing loan; and (b) could not obtain a low-interest credit loan from the banking zone in a normal way; (c) accordingly, the Defendant borrowed the access medium connected to the Defendant’s account to the non-person in an unlawful manner, and then accepted the fraud of receiving the credit loan by submitting it as the normal transaction performance of the Defendant.

On June 13, 2017, through Kwikset service article, the Defendant sent name in the above golf practice site to the person who was named in the name of the Defendant. On June 13, 2017, the Defendant sent 1 head of the physical card, which is an access medium connected to the national bank account in the name of the Defendant, and the password to the person who was named in the name.

Accordingly, the defendant lent the access media for the purpose of using the above crime, and the summary of the evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing deposit without passbook;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The instant access media that was transferred by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act (the following sentencing is favorable to the sentencing) was actually used for crime.

Considering the purpose of the law in order to prevent additional crimes by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to be responsible for the crime.

However, the fact that the defendant has no record of being sentenced to punishment exceeding the same kind of punishment, the confession of the crime and reflects the mistake, and the amount of five million won out of the amount of damage shall be refunded to the victim.