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(영문) 창원지방법원 2019.02.15 2018고단3233
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no person shall, unless otherwise specifically provided for in other Acts, borrow or lend the means of access or keep, deliver or distribute the means of access, knowing that they are to be used for any crime or to be used in such

Nevertheless, at around 12:46 August 10, 2018, the Defendant sent text messages to “B bank consignment corporation with a maturity of up to KRW 5:5,00,000 through interest rates of 9.8-20.9%. As such, it is necessary to make a disguised employment as if he had been employed, so that he/she sent a physical card connected to the account due to a false entry into the account,” and received a false transaction performance and received a loan in response to the proposal, at around August 17, 2018, from the Defendant’s residential street near the Defendant’s residence located at the window of Changwon-si, Changwon-si, Seoul, with the aim of obtaining a loan by creating a false transaction performance. At around 19:37, August 19, 2018, Kwikset service article with which it is impossible to find out his/her name.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions to a person who is not aware of being used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of transactions, financial transaction information on the H bank account in the G name, financial transaction information on the D bank account in the name of A, and details of deposit and withdrawal transactions in the account in the name of A;

1. Application of the Acts and subordinate statutes on text messages and I conversations;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of 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 order of provisional payment is that the defendant prepares a false transaction record and uses it for electronic financial transactions to a person who is not known to him/her in response to his/her proposal to allow a loan by unlawful means.

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