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(영문) 창원지방법원 2019.02.15 2018고단3118
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On June 2, 2018, the Defendant: “Around June 2, 2018, the Defendant: (a) received a proposal stating, “A person in charge of loan is at a low interest rate to obtain a loan; (b) then, if the account number and physical check are sent, the loan will be made up to KRW 38,00,000 by raising the credit rating; and (c) was unable to obtain a credit loan in a normal way; (d) provided a means of access connected to the Defendant’s account to a person who was unable to obtain a credit loan in a normal way; and (e) stored the transaction performance by submitting it as if the Defendant was the normal transaction performance; and (e) accepted the fraud of receiving a credit loan by submitting it as data

At around 15:00 on June 5, 2018, the Defendant sent one physical card connected to the account in the name of the Defendant at the Jin-gu Kim Young-dong, Jin-si, Kim Young-si through post office dispatch service and notified the password of the physical card by telephone.

Accordingly, the Defendant committed an act of lending a means of access to another person while promising to receive compensation, and at the same time lent a means of access to the said crime for the purpose of using it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning details of transactions and details of transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts (which means of access to a means of access to a contract for compensation) and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act (which means of access to a contract for the purpose of using a crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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