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(영문) 창원지방법원 2019.01.25 2018고단3328
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 September 13, 2018, the Defendant: (a) proposed that “a loan may be made at low interest rate of KRW 50,000,000,000 by telephone from a nominal person; (b) in order to obtain a loan because of a good credit, the Defendant sent a e-mail card, which would enhance credit rating; and (c) would be able to obtain a loan by means of establishing transaction performance records by preparing transaction details; (d) cannot obtain a credit loan in a normal way; (e) the Defendant’s means of access connected to the Defendant’s account cannot be leased to a nominal person; and (e) lent the means of access, which is linked to the Defendant’s account, by submitting it as reference to the Defendant’s normal transaction performance; and (e) accepted the

On September 13, 2018, around 15:59, at C convenience stores located in Kimhae-si B, the Defendant lent one physical card, which is a means of access connected to the D bank account (E) under the name of the Defendant, to a person with no name, through the selective distribution service, and to notify him of the password using F.

Accordingly, the Defendant knowingly lent the means of access to the above crime to another person.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Transfer statement and A account statement;

1. Application of the F dialogue-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant has falsely created transaction performance and lent without permission the means of access used in electronic financial transactions to a person who cannot identify himself/herself in response to his/her proposal that he/she would allow him/her to obtain a loan by unlawful means.

Since the means of access leased by the defendant is considered to have been actually used as the means of phishing, the outcome of the crime is not easy.

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