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(영문) 부산지방법원 2018.11.15 2018고단3806

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On November 2, 2013, the Defendant would provide loans by stockpiling the results of deposit and withdrawal transactions when sending a cream card from a person who is in an influence of his/her name.

“Along with the proposal, it accepted the proposal and lent the check card linked to the Nong Bank account (Account Number: C) in the name of the defendant, and around that time, the said Nonghyup Bank’s account was used for the crime of fraudulent phishing, false-person loan to the victim D, and the defendant was investigated by the police as the suspect status of the violation of the Electronic Financial Transactions Act at the police around March 1, 2014, and was suspended from indictment for the violation of the Electronic Financial Transactions Act at the Incheon District Court in the same year.

[2] No person shall give instructions to trade in electronic financial transactions, or lend access media used to secure the authenticity and accuracy of users and transaction details, or store, deliver or distribute such media, knowing that such media is to be used for a crime.

As above, the Defendant leased the electronic financial transaction access medium for the purpose of obtaining a loan to a person who assumes the name of the lending company, and as a result, the account in the name of the Defendant was used for the phishing fraud crime and was investigated by an investigative agency as a suspect in violation of the Electronic Financial Transactions Act and was subject to criminal punishment, and when the Defendant leased the electronic financial transaction access medium to another person, the account in the name of the Defendant can be used for criminal acts

Nevertheless, on April 4, 2018, the Defendant sent a check card to inquire about the limit of deposit in the account to be used for the payment of principal and interest by telephone from a person who is in a name-free position to a KRW 20 million without inquiring about credit rating.

different types.

The term "the proposal shall be accepted without confirming the specific personal information of the persons who have not been killed in the above name or the location of the office, etc., and it shall be in the Busan B Guard Office around April 18, 2018.