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(영문) 창원지방법원 2018.08.24 2018고단1421
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for a crime.

Nevertheless, on January 30, 2018, the Defendant would make a loan by setting up a transaction performance for three days when sending a e-mail card by telephone from a person without his name.

“In receipt of the proposal, the Defendant cannot obtain credit loans in a normal way, and by accepting it, the Defendant lent the access media connected to the Defendant’s account to the said person, putting it up as if it was the Defendant’s normal transaction performance, and then submitted it as if it was the Defendant’s normal transaction performance, in order to lend an access medium for the purpose of using it for the fraud of obtaining credit loans. On the same day, the Defendant sent a door to the address designated by the above-mentioned person, indicating one head of the physical card and password connected to the Defendant’s post office account (B) at the use of the Defendant’s name.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of details of transactions and replies to financial transaction information Acts and subordinate 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 enhance credit rating by creating a false transaction record, takes an access medium used for electronic financial transactions to a person who is not known in compliance with such a proposal, without permission, so the case is not easy.

The defendant has been lent.

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