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(영문) 창원지방법원 2018.09.07 2018고단1545

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant: (a) received a proposal from a person without his/her name, stating, “When sending a e-mail card, it would be possible to obtain a loan by setting up a good credit rating by reserving the transaction performance of deposit and withdrawal; and (b) was unable to obtain a low-interest credit loan in a normal way; (c) subsequently lent a accessible medium connected to the Defendant’s account to a person without name, and then putting it up with the transaction performance by illegal means; and (d) subsequently, accepted the fraud of obtaining a credit loan by submitting it as data as if the Defendant was a normal transaction performance.

On February 27, 2018, the Defendant sent a physical card, which is an access medium connected to the Saemaul Treasury Account (B) in the name of the Defendant, to Kwikset service at around 15:30, Jincheon-dong, Jincheon-gu, Jincheon-gu, Changcheon-do.

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. Application of Acts and subordinate statutes on report of occurrence;

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 (Punishment);

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

1. Previous sentence of Article 334 of the Criminal Procedure Act (in a case where the sentencing criteria are not set) of the Criminal Procedure Act: Imprisonment with prison labor for 8 months: Grounds for aggravating a fine of 5 million won during the period of suspension of execution: Recommitting a crime during the period of suspension of execution, and the grounds for mitigation, such as that the media of access by the defendant used actually for the crime of telecommunications financing fraud