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(영문) 창원지방법원 2018.11.01 2018고단2334
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

On August 8, 2017, the Defendant reported the leaflet relating to the loan and asked a person without his name to ask about the loan procedure by posting a telephone. In order to obtain a large amount of loan from a person with no name, the Defendant should first create a corporate entrepreneur and increase credit rating.

It is intended to create a corporate business operator when the resident registration certificate, etc. is lent.

The proposal, “Around that time, the Defendant’s resident registration certificate, a certified copy of resident registration, a certificate of seal impression, and a seal impression were also transferred to the Defendant’s resident registration certificate, a certified copy of the Defendant’s resident registration certificate, and his/her seal impression.

On August 2017, the Defendant: (a) stated that the Defendant should open an account under the name of “B” established by using personal information of the Defendant, to receive a loan from the Defendant’s name in return of his/her resident registration certificate, etc. again from his/her name in the east-gu, Sungwon-si, Sungwon-si.

On October 13, 2017, the Defendant opened an enterprise bank account under the name of “B” at a branch of an enterprise bank located in Seocho-si, Changwon-si, Changwon-si (C). At that time, the Defendant notified the name-oriented person of the opening of the account by telephone, and notified him of the opening of the account. The Kwikset service provider who sent the name-unkseter from Sungdong-dong, Sungwon-si, Sungwon-si, Sungwon-si, who received cash KRW 300,000 from him, and lent the passbook, check card, and password of the account to the name-oriented person through the article of Kwikset service.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each petition and statement of D or E;

1. Application of Acts and subordinate statutes, such as a certificate of transfer confirmation, bank transaction certificate, business registration certificate, statement of account transaction by account, account transaction details, etc.;

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 (the defendant.)

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