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(영문) 창원지방법원 2018.02.09 2017고단4223

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 May 2017, the Defendant: (a) received a proposal from a person in the name of the Defendant who was in the name of the Defendant at the end of Kimhae-si, stating, “When sending the check card, it would be possible to obtain a loan at low interest by accumulating the financial transaction performance and raising the credit rating; and (b) was unable to obtain a low interest credit loan in a normal way; (c) accordingly, the Defendant lent the access medium connected to the Defendant’s account to the name of the non-party; and (d) accumulated the transaction performance by unlawful means; and (e) submitted it as if it was the normal transaction performance of the Defendant; and (e) accepted the fraud

On May 2017, the Defendant sent the physical card and password to the name in front of his house in Kimhae-si, through Kwikset service, which is an access medium connected to the company bank account (D) in the name of the Defendant.

Accordingly, the Defendant lent the access media for the purpose of using the above crime.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A detailed statement of transactions and a statement of account classification;

1. Application of the Acts and subordinate statutes to cover the address of the Gabbbs central site;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the Defendant, in response to a proposal that the Defendant would compel a person, who cannot be identified in response to such proposal, to get a loan by unlawful means, takes the access media used for electronic financial transactions through Kwikset service without permission, so the case is not less complicated.

In fact, since the access media leased by the defendant was used as a means of committing the phishing crime against others, the result of the crime is not easy.

However, the defendant reflects his fault in depth.

The defendant also uses his access media for serious crimes such as Bosing.