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(영문) 창원지방법원 2019.10.08 2019고단2129

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor, and shall not lend or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

Around January 3, 2019, the Defendant: (a) received a proposal to commit a loan fraud from a factory located in Seongbuk-gu, Changwon-si; (b) from a person whose name is unknown by telephone, to “work loans will be made; (c) at a rate of 8% per annum to KRW 70,000,000,000; (d) C card is necessary to create the details of fund sharing transactions and the details of income evidence; (c) it is necessary to proceed with the loan through the law; (d) because the credit rating of the customer is impossible; (e) due to the impossibility of ordinary credit loans, the customer has no choice but to create a superior occupational group and obtain the approval of the loan from the customer; and (e) on the same day, at the above C factory, two ga cards connected respectively to the D Association (E) and F Association (G) account in the name of the Defendant, and (e) sent the password to a person with no knowledge of the name, and (e) notified the password to H.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on warrant correspondence data;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the means of access leased by the defendant for the crime of licensing.