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(영문) 창원지방법원 2019.07.12 2019고단1382
전자금융거래법위반
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

No one shall borrow or lend a means of access or keep, deliver or distribute a means of electronic financial transactions while demanding, demanding or promising to provide means of access.

On February 1, 2019, the Defendant received a proposal from a name-free person to the effect that “a loan may be extended, credit rating must be raised, and if he sent a physical card connected to the account, he will create a false transaction details by using that physical card, and will be extended, if his credit rating is raised.” On March 18, 2019, the Defendant provided, in response to the proposal, with a view to obtaining a loan, the Defendant’s dwelling in the name-free bank account (D) in the name of the Defendant and one physical card connected to the name-free bank account (E) in the name of the Defendant and the bank account (E) in the name-free bank (E) in order to obtain a loan.” In response to the proposal, the Defendant provided, at around March 17:30, 2019, the C Apartment Card, which was linked to the Defendant’s dwelling in the name-free bank account (E) in the name-free bank (E) of the Defendant.

As a result, the defendant promised to receive a future loan in return for the intangible expected profit, and lent the means of access used in electronic financial transactions to the name-indivant.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on details of transactions and details of transactions transfer;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts and the selection of punishment;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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