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(영문) 창원지방법원 2018.04.18 2018고단127
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer any access medium, request or lend any access medium, etc. used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of transactions with users and financial institutions, unless otherwise expressly provided for in any other Act or subordinate statutes, or lend or lend any access medium with the intention of using it for a crime.

Nevertheless, the Defendant, on September 22, 2017, received a loan consultation by reporting a Kakao Stockholm advertisement that provides a loan on the Internet loan website, and received a loan consultation by communicating the name-free persons, and then sent the name-free person on his/her name to “The company managing illegal gambling sites in China is an enterprise managing illegal gambling sites in China, and the loan can be easily made if the results of entry and departure are accumulated. The lending of the head of the Tong and the check card is to reduce air fees and accommodation expenses, and if the head of the Tong and the check card are lent for a week to China, he/she may receive the loan after accumulating the transaction performance by making a deposit from time to time, and he/she will receive the loan as a reward, and then he/she will receive the loan at KRW 25 million from September 23, 2017.”

Associate air tickets arrived at the Chinese depth and 13:00, and opened the account (Account Number:B), a new bank account (Account Number: C), a company bank account (Account Number: D), and a bank account (Account Number: Account Number).

As a result, the defendant would receive compensation for the purpose of crime and lent the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. The document and written statement of the F;

1. Application of the Acts and subordinate statutes governing the electronic financial transfer of funds, a written application for bank transactions, details of each deposit and withdrawal transaction, investigation report (Analysis of the details of the amount of damage paid, and the Kakao Stockholm conversation;

1. Article 49 Subparag. 2 and Article 6 Subparag. 3 Subparag. 2 of the Act on the Electronic Financial Transactions and the Selection of Punishment for Facts constituting an offense (the access medium, promising to make a compensation).

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