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(영문) 창원지방법원 2018.04.20 2018고단524

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 August 22, 2017, the Defendant: (a) received the proposal that “When sending the check card from a post office account, it would be possible to get loans by raising credit rating by accumulating the financial transaction performance; and (b) was unable to obtain a low-interest credit loan in a normal way; (c) borrowed access media connected to the Defendant’s account to a person without name, and then submitted it as the material of the Defendant’s normal transaction performance to obtain a credit loan; and (d) subsequently, accepted the fraud of receiving a credit loan by submitting it as the material of the Defendant’s normal transaction performance.

On August 28, 2017, at around 16:00, the Defendant sent 1784-27, Kimhae-si, Kim Jong-si, 1784-27, Kim Jong-si, 101, an access medium connected to the post office account (B) in the name of the Defendant, via Kwikset Service Articles.

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. A report (including attached documents) on the interrogation of the suspect against the accused;

1. Statement made by the police against C;

1. Receipt (Approval), receipt, provision of financial transaction information, and inquiry into the personal details of financial transaction details (A) and the application of Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 (excluding punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant, in response to a proposal that he/she would have a person, who is not known in compliance with the proposal that he/she would obtain a loan by means of fraudulent means, such as raising credit by pretending transaction performance, has taken place without permission a medium of access to electronic financial transactions, so the case is not weak.

Since the access media leased by the defendant was actually used as a means of the phishing crime, the outcome of the crime is not somewhat weak.

(b).