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(영문) 창원지방법원 2017.11.17 2017고단3269

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 29, 2017, the Defendant: (a) received a proposal from a person in an infinite name (hereinafter referred to as “the Defendant”) to “to lend a loan by raising credit rating by accumulating financial transaction performance; and (b) was unable to obtain a low-interest credit loan in a normal way; (c) lent a accessible medium connected to the Defendant’s account to a person in an infinite name; and (d) compiled the transaction performance by unlawful means; and (e) submitted it to the Defendant as if it was the Defendant’s normal transaction performance; and (e) accepted the fraud of receiving a credit loan.

On June 29, 2017, at around 15:00, the Defendant sent a physical card, which is an access medium connected to the accounts of Kwikset's Saemaul Treasury in the name of the Defendant, through Kwikset's service in front of the two industries northwest-gu, Sungwon-si, Changwon-si, Changwon, and sent a password using the Kakakao Stockholm.

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. A report (including attached documents) on the interrogation of the suspect against the accused;

1. Statement made by the police against C;

1. Investigation report (the results of requests for provision of communications data and listening to D telephone statements);

1. Certificates of transfer confirmation, seizure, search and inspection warrant and reply;

1. Application of the reply statute

1. Since the legal provisions applicable to the indictment under Article 49(4)2 and Article 6(3)3 of the Act on the Electronic Financial Transactions in the pertinent Act on criminal facts are apparent that the error is a clerical error due to mistake, the above legal provisions are corrected ex officio.

(Selection of Penalty)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant, in response to a proposal that he/she would arrange a person, who cannot know the identity for the purpose of obtaining unjust profits by manipulating his/her transaction performance results, without permission, take access media used for electronic financial transactions through Kwikset Service, so the case is not easy.

In fact, the above.