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(영문) 창원지방법원 진주지원 2019.05.23 2018고단1530
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On July 23, 2018, the Defendant reported an advertisement that gave a loan to a third party during the Internet search, and accepted the phrase “to get a loan from a third party” from the name-free person who is an employee of the lending brokerage company B, who is an employee of the lending brokerage company, to have him/her get a loan. In a normal way, the Defendant would handle the computer details disadvantageous to the loan examination, and have him/her obtain a loan of KRW 2-30 million. In addition, the Defendant accepted the phrase “the address, account number, and personal identification number necessary for the loan,” and sent the check to Kwikset for the transaction work.”

On July 23, 2018, the Defendant, despite being aware that the above check was used for an offense, such as illegal working loans, sent a e-mail card on July 23, 2018 to receive a loan, and then sent a e-mail card connected to the e-bank account (F) in the name of the Defendant before the Defendant’s company working in Hadong-gun D, and sent it to the above e-mailer via Kwikset Service.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Details of account transactions in the name of the defendant, G dialogue between the defendant and Bosingman, and the application of Kwikset Service Articles’s photographic Acts and subordinate statutes taken by the defendant

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following circumstances for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are the defendant's age, occupation, character and conduct, environment, and crime.

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