(영문) 창원지방법원 2019.01.31 2018고단3387

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(영문) 창원지방법원 2019.01.31 2018고단3387

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

Nevertheless, on July 9, 2018, the Defendant sent a physical card connected to B bank accounts in order to obtain a loan amounting to KRW 50,000,000,000 to B bank accounts from the first and second names, and sent it on behalf of the Defendant, in response to the proposal, for the purpose of creating a false transaction performance and obtaining a loan by making a false transaction performance, the Defendant sent a physical card connected to B bank accounts in order to obtain a loan from the first and second names, and then, at the main post office located on July 9, 2018, at the village of Kimhae-si, Kimhae-si, the Defendant sent one check card connected to B bank accounts in the name of the Defendant using his house, and notified the password by telephone.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions to a person who is not aware of being used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of the certificate of transfer results and the Acts and subordinate statutes concerning the details of transfer transactions;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that no particular criminal record exists, a confession is made by the defendant, and a mistake is divided, the defendant seems to have no profit gained from the crime of this case, and some of

참조조문

-전자금융거래법 제6조 제3항 제3호

-전자금융거래법 제49조 제4항 제2호

-형법 제62조 제1항

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