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(영문) 창원지방법원 2019.01.30 2018고단3007
전자금융거래법위반
Text

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

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

Reasons

Criminal facts

In using and managing the means of access, no one shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, around July 12, 2018, the Defendant posted a notice on the Internet stating “I would like to borrow money.” The Defendant would make a transaction performance when I would have opened a e-mail card and improve the credit rating by making it possible for the Defendant to use the e-mail. For the purpose of obtaining a loan, the Defendant sent e-mail a e-mail card connected with the c bank account (number: D) opened in the Defendant’s name near the Defendant’s domicile in Kimhae-si, Kimhae-si, and notified Kwikkset service article of the e-mail number of the e-mail card to the e-mail.

Accordingly, the defendant, knowing that he would be used in crime, lent or delivered a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the Cial Examination Book;

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 to attract a workhouse;

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