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(영문) 창원지방법원 2019.09.20 2019고단1715
전자금융거래법위반
Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. In using and managing the means of electronic financial transactions, no person may promise to provide compensation or lend a means of access knowing that such means will be used for any crime;

Nevertheless, on March 19, 2019, when the Defendant was unable to obtain a loan by normal means due to low credit, the Defendant received a proposal from a person who was unaware of his/her name and accepted the proposal that “to raise credit by accumulating false transaction performance, and then to prejudice the loan,” and then issued the physical card connected with the Defendant’s name bank account (E) at the D office located in Kimhae-si C, to his/her name in Kwikset through Kwikset.

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

2. Around March 18, 2019, Defendant B heard the phrase “on the face of sending a e-mail card so that principal and interest may be paid,” and on the same day, Defendant B issued the e-mail card, the means of access to the Defendant’s name, via Kwikset service article, in front of the Defendant’s residence in the f loan G on the same day.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on the details of entry, withdrawal, transactions and account transactions;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 49(4)2, 6(3)2 (a) and 6(3) of the Electronic Financial Transactions Act (a) and 49(4)2 and 6(3)3 (a) of the Electronic Financial Transactions Act (a known to be used in committing an offense)

B. Defendant B: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (A against Defendant A);

1. Selection of each alternative fine for punishment;

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