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(영문) 창원지방법원 2019.03.27 2018고단3460
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall, unless otherwise specifically provided for in other Acts, borrow or lend the means of access or keep, deliver or distribute the means of access, knowing that they are to be used for any crime or to be used in such

Nevertheless, on October 15, 2018, the Defendant sent a e-mail card connected to the passbook used for low credit rating at B Bank to ordinary people. If the Defendant sent the e-mail card connected to the passbook used for the current credit rating, he would make a false transaction performance and increase the credit rating and make a false loan up to 40 million won.” On October 15, 2018, the Defendant notified Kwikset Service of the name of the Defendant in front of the Defendant’s residence in Chang-si, Chang-si, Hosi, Sung-si, Seongbuk-si, and Changsi apartment, and D, with the intention to obtain a loan by creating a false transaction performance and making a false transaction performance, he notified Kwikset Service of the name of the Defendant, such as a e-mail card connected to the E-bank account (F) in the name of the Defendant, and a e-mail card connected to B bank account (G).

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions to a person who is not aware of being used in the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A document prepared by H;

1. Application of the Acts and subordinate statutes to text messages and a detailed statement of transactions;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Sentencing sentence of Article 334 of the Criminal Procedure Act: Imprisonment with prison labor for 10 million won: Reasons for mitigation, such as that the means of access that the defendant has passed is actually used for committing a crime of telecommunications fraud: confession, family members, and criminal records having no same kind of crime (two times of fines), etc.;

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