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(영문) 수원지방법원 2018.10.30 2018고단4313
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, at around 13:00 on April 26, 2018, the Defendant sent a e-mail card, which is an access medium to the C bank account (Account Number:D) in the name of the Defendant, to Kwikset-si, and sent a e-mail card, which is an access medium in the name of the Defendant, to the bank account (Account Number:F) in the name of the Defendant, to Kwikset-si, where the Defendant could not obtain a loan from the illegal loan brokerage business operator with the credit rating of the Defendant. However, the Defendant created a false transaction performance and obtained a so-called "illegal work loan" by deceiving the lending business operator by raising the credit rating by false means.

As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written petition and a written statement of H;

1. Application of Acts and subordinate statutes on a search and seizure inspection warrant and reply materials, and reply to a request for provision of financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 2 and Article 6 (3) 3 of the same Act;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the access media that the Defendant lent to a third party for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used in the criminal act; and (b) the Defendant committed the instant crime even though there was the enemy who was investigated into the same crime; and (c) the Defendant erred.

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