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(영문) 창원지방법원 2018.11.02 2018고단2338
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 April 9, 2018, the Defendant released the loan restriction for a limited period of time by telephone from a person who was in an unsound name.

Even if there is no occupation, it is possible to lend 24.9% interest rate to 10 million won.

However, in order to obtain a loan, after receiving the proposal that "the credit rating should be obtained, to change the credit number, the physical card, and the physical card password," the defendant could not obtain a credit loan in a normal way, and therefore, the defendant lent a access medium connected to the defendant's account to a person who was not the name, and then putting it out as if it was the normal transaction performance of the defendant, and then submitted it to the data as if it was the actual transaction performance of the defendant and received a credit loan.

On April 10, 2018, the Defendant sent 1 head of the physical card, which is an access medium connected to the Defendant’s name bank account (number D) before the Defendant’s home (No. 204, 204, Defendant’s house), and the password to the name in the window of Changwon-si, Changwon-si, through Kwikset services.

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. E statements;

1. Application of detailed statements of deposit transactions and certificates of deposit transaction records to statutes;

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 make a false transaction record and increase credit rating by creating a false transaction record, takes a medium of access to electronic financial transactions to a person who is not known and used for electronic financial transactions without permission. As such, the issue is not easy.

It is considered that the access media leased by the defendant was actually used as a means of phishing crime.

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