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(영문) 창원지방법원 2018.02.14 2017고단4105
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 21, 2017, if the Defendant sent a e-mail card by telephone from a person who is not capable of receiving a loan by normal means due to bad credit standing, the Defendant would be able to obtain a loan by means of raising credit by creating the details of false entering and withdrawing transactions.

“On the proposal, the Defendant could not obtain a credit loan in a normal way, and thus, the Defendant’s account was leased to the name infinite, and then he stored the transaction performance in an unlawful way, and then submitted it as if it was the Defendant’s normal transaction performance, thereby accepting the fraud of receiving a credit loan.

On August 22, 2017, the Defendant sent name in the above plant via Kwikset Service Articles, through Kwikset Service Articles, and sent the head of Kwikset Card, which is an access medium connected to the National Bank Account in the name of the Defendant, and the password to the bearer of the name.

Accordingly, the Defendant used access media to commit the above crimes against others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawal;

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 access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was used for the crime of telephone financing fraud, causing damage.

On the other hand, the defendant recognized the crime of this case, and there was no previous conviction for the last 30 years.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances in the records and arguments, such as the age, sex, environment, details and motive of the crime, and circumstances after the crime.

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