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(영문) 창원지방법원 2019.03.06 2018고단3455
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 October 1, 2018, the Defendant: (a) proposed that “E agency in charge of loans in D is difficult to lend a general credit rating; (b) if the Defendant sent a check card under the name of the principal to the account of the lending company, the Defendant would make the details of the deposit to the account of the lending company and then loan KRW 30 million to the account of the lending company; (c) cannot obtain a credit loan in a normal way; (d) the Defendant lent a means of access connected to the Defendant’s account to the name of the defective party; and (e) submitted it as if it was the Defendant’s normal transaction performance; and (e) accepted the fraudulent act of receiving a credit loan by submitting it as the material that was the Defendant’s normal transaction performance.

On October 3, 2018, at the front of the above office around 13:00, the Defendant sent the physical card, which is a means of access linked to the post office account (Account Number F) under the name of the Defendant, to the name in the name of Kwikset Service, and lent the password of the above physical card to the name in a telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the details of transactions and each specification of transactions Acts and subordinate statutes;

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.

Unfavorable circumstances: The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also is used for other crimes to create a large number of victims.

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