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(영문) 창원지방법원 2019.01.09 2018고단3103
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 August 23, 2018, at the defendant's house located in the building B in the Gyeongnam Kim-si, the defendant proposed that "if it is difficult to lend general credit loans due to low credit rating and there are goods with transaction records and it is possible to send a e-mail card under the name of the defendant, the defendant would have borrowed 3.5 million won at 7% interest per annum by creating the details of deposit in the principal's account with the loan company's funds and raising credit rating." Since it is impossible to obtain a credit loan in a normal way, the defendant can not obtain a credit loan in a normal way, and then lent the means of access connected to the defendant's account to the non-party in the name of the defendant, he stored the transaction performance by unlawful means, and then submitted it to the defendant as if it was the normal transaction performance of the defendant and received

around 12:00 on August 28, 2018, the Defendant lent the physical card and password, which is a means of access connected to the G bank account in the name of the Defendant, to the party in distress through the selective distribution service.

Accordingly, the Defendant lent the means of access to a crime to another person.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on account transactions;

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 for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.

The defendant has been lent.

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