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(영문) 창원지방법원 2018.06.14 2018고단977
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall lend or lend any means of access to electronic financial transactions with the knowledge that such means are to be used for a crime or to be used for such purpose.

Nevertheless, on December 2018, the Defendant would make a loan by making a transaction performance when sending a physical card from a person with no name to a police officer.

“In receipt of the proposal, the Defendant could not obtain credit loans in a normal way. As such, the Defendant lent the access media connected to the Defendant’s account to the above-mentioned person, accumulated false transaction performance, and submitted it as if it was the Defendant’s normal transaction performance, and intended to lend access media for the purpose of using it for the crime of fraud obtaining credit loans, and then, sent a letter of check card connected to the Defendant’s name bank account (D) to the Kwikset Service Articles sent from the above-mentioned name in front of Kimhae-si, Kimhae-si.

Accordingly, the defendant lent the access media for the purpose of using the crime.

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 for E;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant has no particular criminal history, the confession and the mistake are divided, and that the defendant seems to have no profit from the crime of this case);

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