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(영문) 창원지방법원 2017.11.17 2017고단2997

전자금융거래법위반

Text

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

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

Reasons

Criminal facts

On April 2017, the Defendant sent a card connected to the passbook from a person whose name was not known to him/her. The Defendant would make a loan by creating the transaction details of the passbook.

Upon receipt of the proposal to the effect that “A credit loan cannot be granted in a normal way,” the Defendant lent the access medium connected to the Defendant’s account to the above person by unlawful means, and then, submitted it as if it was the Defendant’s normal transaction performance, and accepted the fraud of receiving the credit loan.

Around that time, the Defendant sent a physical card connected to the account of the Defendant’s name (number D) to the above person and notified the password by telephone, using Kwikset service around C convenience stores in the vicinity of the apartment complex B at Swikset.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to a copy of search and seizure warrant;

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;