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(영문) 수원지방법원 2018.11.15 2018고단5344
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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, at around 14:00 on January 30, 2018, the Defendant: (a) obtained a so-called "illegal work loan" from a lending brokerage company in front of the C-month in Suwon-si; (b) obtained a loan by raising credit rating by false transaction performance; (c) obtained a so-called "illegal work loan" by deceiving a lending company; and (d) sent one physical card, which is an access medium in the name of the Defendant, to a person whose name is unknown, using Kwikset, using Kwikset and sent the password to a person whose name is unknown.

As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of applicable statutes of a warrant of search and inspection of the relevant account;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act was leased by the Defendant for the purpose of using the access medium for the crime of receiving the so-called “work loan,” which uses the method of creating the status of false employment and transaction details. The crime of this case is not less than the nature of the crime, but not only the access medium transmitted by the Defendant was used for telephone financing fraud but also the Defendant actually released KRW 1.6 million out of the amount deposited in the Defendant’s account by using the opportunity of lending the access medium.

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