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(영문) 인천지방법원 2018.08.16 2018고단4465
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, unless otherwise expressly provided for in any other Act, lend or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for such crime.

Although the Defendant knew that it is impossible to lend a normal loan to a financial institution due to bad credit standing, the Defendant is a Saemaul Savings Bank B agent on February 22, 2018.

To get loans of KRW 15 million after raising credit rating by repeatedly accumulating the results of financial transactions when sending the check card.

Upon receipt of the proposal to the effect that “the Defendant’s account was lent to a person without name the access medium connected to the Defendant’s account, the transaction performance was accumulated in an unlawful manner, and then submitted it as if the Defendant was the normal transaction performance and submitted it as if the Defendant was the Defendant’s normal transaction performance, thereby accepting the fraud

Accordingly, on the 23th day of the same month, the defendant sent the physical card to the person in distress of his name via the phone line, which is linked to the Defendant's name bank account (Account Number: C) at the main office located in the Nam-gu Incheon Metropolitan City.

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. Written statements of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than three years;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set.

The electronic financial transaction access media that have been lent to another person for two months of imprisonment or one year of suspended execution may be used for fraud crimes, such as licensing.

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