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(영문) 창원지방법원 2018.04.26 2018고단371
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 18, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Electronic Financial Transactions Act at the Changwon District Court on the ground that he/she was sentenced to a suspended sentence of two years, and the said judgment became final and conclusive on October 26, 2017, and is currently under the suspended sentence.

On July 2017, the Defendant: (a) received a proposal from a person in a name in a name-free place (hereinafter referred to as “the Defendant”) stating that “When sending a passbook, identification card, resident registration certificate, or OPT card on which the account number was entered, he would create a lower credit passbook by accumulating the financial transaction performance; and (b) could not obtain low-interest credit loans in a normal way; (c) lent the Defendant’s access medium connected to the Defendant’s account to a person in a name-free manner; and (d) submitted it as data as if it was the Defendant’s normal transaction performance; and (e) accepted the fraudulent act of receiving credit loans.

Accordingly, on July 3, 2017, the Defendant sent the account number, the OTP card, and the Internet banking identification number, which are access media connected to the new bank account (C) under the name of the Defendant, to the above person without his name through Kwikset service articles.

On July 8, 2017, the Defendant continued to transmit the account number, the OTP card, and the Internet banking password, which are access media connected to the No.C. account (E) in the name of the Defendant’s wife, to the above-mentioned person through Kwikset Service Articles.

Accordingly, the Defendant lent the access media for the purpose of using the above crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning F, G, H, I, J, K, and L;

1. Each petition and statement of M, N,O, P, Q, R, T, U,V, W, X,Y, Z, AA, and AB;

1. Each additional data, and a written report of the bank in body;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 49 (4) 2 and Article 6 of the Act on the Electronic Financial Transactions and the Selection of Punishment for the Crime.

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