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(영문) 창원지방법원 2018.11.30 2018고단2684
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 July 2018, the Defendant: (a) received a proposal from a person without his/her name at the end of the year, stating that “a loan may be made up to KRW 30 million by telephone; (b) if he/she sent a e-mail card because he/she is not good credit, he/she would make it possible to obtain a loan by means of securing transaction performance by creating the details of false deposit and withdrawal transactions; and (c) was unable to obtain a credit loan in a normal way; and (d) borrowed an access medium to a person without his/her name, and then submitted it as if he/she was the normal transaction performance and submitted it as if he/she was the normal transaction performance, and accepted the fraud of receiving a credit loan.

On July 30, 2018, the Defendant opened a new bank account (number C) with the Defendant’s wife’s wife at a 320 window of Changwon-si, and at a branch of a financial center of a new bank (hereinafter “C”), around that time, the Defendant sent a e-mail card, which is an access medium connected to the said new bank account, to the Nonindicted apartment parking lot No. 70, 25, e.g., the 70 window of Changwon-si, and sent the password to the Kakao Stockholm.

As a result, the Defendant knew that he would be used in the above crime, and used a accessible medium to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the transaction details, search, seizure, verification warrant and reply data, and passbook details;

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 refers to a person who newly opens an account under the name of his/her spouse and uses it for electronic financial transactions to identify him/her, in response to a proposal that he/she would have his/her transaction performance by creating false transaction records and increase credit rating.

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