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(영문) 창원지방법원 2018.04.11 2018고단393

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

The defendant's name during November 2017, when sending the B lending Company C and the C C Card from a person whose name was not known, can be loaned by raising credit rating by raising the transaction performance.

“Around 15:00 on November 24, 2017, at the third floor E of the building in Changwon-si, Changwon-si, Seoul Special Metropolitan City, one of the new bank accounts (F) in the name of the defendant in the name of the defendant, to deliver the above name to Kwikseter, and send a copy of the identification card of the defendant to Kwikseter, by facsimile, and the password of the above e-mail card was entered and sent together with the above e-mail.

Accordingly, the Defendant lent the access media to others 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 of the police statement related to G;

1. Application of Acts and subordinate statutes to the details of transactions and replies to account transactions;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, in response to a proposal that he/she would artificially create a false transaction record and increase credit rating, lent without permission any access medium used for electronic financial transactions to a person who is not known in compliance with the proposal that he/she would have the loan granted by illegal means, is not a case that is somewhat weak.

In fact, since the access media leased by the defendant was used as a means of the phishing crime against many people, the result of the crime is not somewhat weak.

However, the defendant reflects his fault in depth.

It seems that the Defendant also lent the access media that he lent to the Defendant, without being aware that it would be used for crimes such as singishing.