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(영문) 창원지방법원 2018.05.04 2018고단409
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

On October 31, 2017, the Defendant: (a) received the proposal that “When sending a e-mail card, it would be possible to obtain a loan by setting up a financial transaction performance and raising credit; and (b) was unable to obtain a low-interest credit loan in a normal way; (c) lent a accessible medium connected to the Defendant’s account to a person without the name of the company; and (d) accumulated the transaction performance by illegal means; and (e) submitted it as reference to the Defendant’s normal transaction performance, and received a credit loan by submitting it as reference to the Defendant’s normal transaction performance.

On November 1, 2017, the Defendant sent a physical card, which is an access medium connected to the Saemaul Bank (B) in the name of the Defendant, to the Kimhae post office located in the father-dong, Kimhae-si, Kim Jong-dong, Kim Jong-dong, by delivering one copy of the physical card, which is connected to the Saemaul Bank (B).

Accordingly, the Defendant lent the access media for the purpose of using the above crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police against C (including attached documents);

1. A detailed statement of banking transactions;

1. Application of each statute on photographs;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant, in response to a proposal that he/she would have a person, who is not known in compliance with the proposal that he/she would obtain a loan by means of fraudulent means, such as raising credit by pretending transaction performance, has taken place without permission a medium of access to electronic financial transactions, so the case is not weak.

Since the access media leased by the defendant was actually used as a means of the phishing crime, the outcome of the crime is not somewhat weak.

However, the defendant reflects his fault in depth.

To the extent that the Defendant’s access media was also used for crimes such as licensing.

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