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(영문) 전주지방법원 2018.08.06 2018고단1097
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, the Defendant, at the end of October 2017, accepted the text message that “it is possible to grant a loan,” which was sent to his own mobile phone at the end of the end of the year, with the proposal that “in order to obtain a loan of KRW 7 million, the Defendant shall prepare the details of the deposit and withdrawal transaction to increase credit rating because the credit rating is low,” and then accepted it.

At around 10:00 on the same day, the Defendant sent a copy of the Cze Card connected to the new bank account under the name of the Defendant to the nameless person, and notified the password by telephone, knowing that it would be used in raising loans by deceiving financial institutions, etc. by means of manipulating the transaction performance as above.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account deposit details;

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 of the Criminal Procedure Act: (a) the Defendant: (b) falsely created transaction records; (c) increased credit rating; and (d) recklessly lent access media to an electronic financial transaction to a person who is not known in compliance with the proposal to enable him/her to obtain a loan by illegal means; and (c) the Defendant actually lent access media.

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