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(영문) 창원지방법원 2018.12.12 2018고단2290

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 June 2018, the Defendant: (a) received a proposal from a person in the name of the first police officer in the name of the Defendant, that “a loan can be made at a low interest rate, but in order to obtain a loan because it is not good credit, it would be possible to obtain a loan by means of establishing the details of false entry and departure transactions and accumulating transaction records; (b) cannot obtain a credit loan in a normal way; (c) accordingly, the Defendant borrowed an access medium connected to the Defendant’s account to a person in the name of the non-person in the name of the Defendant, and then submitted it as if it was the normal transaction performance of the Defendant, and accepted the fraud of receiving a credit loan by submitting it as data.

On June 25, 2018, the Defendant sent a password to a person with no name by delivering a new bank account (number B) connected to the name of the Defendant at a post office located in Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si through a selective distribution service.

As a result, the Defendant used access media for the above crime to another person, and the summary of evidence

1. Statement by the defendant in court;

1. A C statement;

1. Application of Acts and subordinate statutes to the certificate of transfer and the details of bank replies;

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 sentencing conditions under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, sexual conduct, the details and circumstances of the instant crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

There is a need to strictly cope with disadvantageous circumstances: lending of access media because it is used for other crimes as well as undermining the reliability of the safety performance of electronic financial transactions.

The defendant's access media is actually fraudulent.