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(영문) 창원지방법원 2019.06.13 2019고단641
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On November 13, 2018, at least 18:25, the Defendant: (a) proposed “C employee” in B text from a person without personal knowledge to obtain a loan from his/her name; (b) it is necessary to obtain a loan; and (c) it is possible to obtain a credit loan from a company in a normal way because the means of access connected to the Defendant’s account could not be borrowed by means of a law if the current transaction details are insufficient; and (d) subsequently, the Defendant borrowed the means of access connected to the Defendant’s account to a person with no personal knowledge in an unlawful manner, and then, accepted the fraudulent act of receiving a credit loan by submitting it as the normal transaction records of the Defendant.

At around 18:30 on the same day, the Defendant sent one physical card, which is a means of access linked to the F Bank account (G) in the name of the Defendant, to the name partner through Kwikset Service, and sent the password of the physical card to the name partner in B in writing.

Accordingly, the Defendant committed an act of lending a means of access to another person, promising to receive compensation for the purpose of using the said crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. B text photographs and B dialogues;

1. Application of Acts and subordinate statutes confirming the results of transfers;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning criminal facts;

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 for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions and reflects a crime, and there is no criminal record exceeding the same criminal record or fine.

However, the crime of this case is the same as the crime of this case in a situation where a variety of Bosing crimes, which have caused serious harm to our society, continue to scam.

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