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(영문) 창원지방법원 통영지원 2018.04.25 2018고단128
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

On November 9, 2017, the Defendant: (a) received a proposal from a person without his/her name to “to grant a loan by making credit rating after setting the transaction details if he/she transferred his/her physical card; and (b) was unable to obtain a credit loan in a normal way; (c) accordingly, leased a accessible medium connected to the Defendant’s account to the above person; (d) stored the transaction performance in an unlawful manner; and (e) submitted it as if it was the Defendant’s normal transaction performance; and (e) accepted the fraud of receiving a credit loan.

On the 15th day of the same month, the Defendant sent the physical card connected to the agricultural bank account under the name of the Defendant to the non-standing party, through Kwikset Service Company, in front of the second apartment house in Sung-gu, Gosung-gun, Gosung-dong and the other part of Dong-dong.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the details of transfer, and the Acts and subordinate statutes on bank response data;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act committed the instant crime even though the Defendant was investigated by an investigative agency for the same kind of crime, the Defendant committed the instant crime, and the fact that the access media from which the Defendant leased the Defendant was used for the phishing crime and the victim was generated due to the use in the phishing crime, and the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime, and circumstances after the crime are comprehensively considered, and the sentence is determined as ordered by the Disposition.

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