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(영문) 수원지방법원 2018.05.31 2018고단1452
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend, or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

Nevertheless, on January 10, 2018, the Defendant deposited money in a deposit account under the name of another person from a lending brokerage company because it is impossible to obtain a loan from an illegal lending brokerage company whose trade name is unknown, and the Defendant deposited money in a deposit account under the name of another person. When the Defendant withdraws the above money from the lending brokerage company and deposits money in the deposit account under the name of the Defendant, the Defendant would obtain a so-called “illegal work loan” by deceiving the lending company to obtain a loan by making a false credit rating by making a false transaction performance by re-financing the above money from the lending brokerage company and re-financing it to another deposit account under the name of another person.

On January 15, 2018, the Defendant issued a e-mail card (credit number: C, No. 1) which is an access medium to the bank account in the name of a national bank account in the name of B from a person whose name was not known with the intent to obtain “illegal work loan” in front of the Suwon-si, Suwon-si, the Defendant issued a e-mail card (credit number: E, No. 2) which is an access medium to the bank account in the name of the Busan bank account in the name of B, and notified a person whose name is unknown, of the number, two e-mail cards, which are an access medium in the bank account in the name of the Defendant.

Accordingly, the defendant kept access media and lent access media while knowing that they will be used for crime purposes or crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes on verification certificates and replies to requests for the provision of financial transaction information;

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

1. Commercial concurrence;

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