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(영문) 서울중앙지방법원 2018.11.22 2018고단5476
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used for electronic financial transactions while receiving, demanding or promising the payment therefor.

On May 17, 2018, the Defendant received mobile phone text messages that the Defendant would receive a loan, and called the name-oriented person to whom he would receive the mobile phone text messages, and then called the said name-oriented person, and the Defendant’s loan to the above name-oriented person “28 million won may be available, but it does not directly make a loan to the second priority person who is not the first priority.

I wish to help him to get a loan.

In order to obtain work loans, the transaction performance of the passbook is necessary.

When sending two copies of the check card and informing the account number and password of the passbook, it is intended to use the passbook to have the loan borrowed after accumulating the results.

“ was promised.”

On the 31st of the same month, the Defendant received the above commitment at the Defendant’s residence located in the 117-dong 503, Gwanak-gu, Seoul Special Metropolitan City apartment building B, and sent the physical card connected to the account (Account Number: C) in the name of the Defendant, to the Kwikset service employee who sent the above name and sent one copy of the physical card connected to the Agricultural Cooperative Account (Account Number: D) in the name of the Defendant.

As a result, the suspect reported the intangible expectation interest that can receive future loans and lent the access media to the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to verify the specifications of deposit transactions and details of transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: Transfer and lending of an access medium for electronic financial transactions can be used as a means of other crimes. In fact, in this case, the access medium leased by the Defendant is scam.

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