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(영문) 수원지방법원 2018.08.28 2018고단3406
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver 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.

Nevertheless, on January 3, 2018, the Defendant, even though it was unable to obtain a loan from the illegal lending brokerage company called "B" at the credit rating of the Defendant, created a false transaction performance at the lending brokerage company, and obtained a so-called "illegal Work Loan" by deceiving the lending company by raising credit rating. On January 4, 2018, the Defendant opened a bank account (Account Number: C) with the Defendant’s name at the same place of Dongcheon-gu, Suwon-si, Suwon-si, Suwon-si, and sent a physical card, which is an access medium connected to the above deposit account, to a person whose name cannot be known by using Kwikset-si, at around 15:00 on the same day, by using Kwikset-si, its account number and password.

As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a written confirmation of the results of electronic financial transfer, reply to financial information data, and certificate of deposit transaction;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used in criminal acts and inflicted damage on a third party; and (b) the Defendant committed the instant crime without being aware of the fact that he committed the instant crime even during the period of repeated crime resulting from the instant crime; and (c) the Defendant

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