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(영문) 창원지방법원 2018.02.07 2017고단3944
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

Criminal facts

On April 2017, the Defendant would be able to obtain a loan by reserving the financial transaction performance through paying in and withdrawing money when sending a physical card from a person in a name in the name of the deceased.

“After receipt of the proposal, the Defendant could not receive a loan in a normal way, and thus, leased the access media connected to the Defendant’s account to the name in a false manner, and then accumulated the transaction performance in an unlawful manner, and then submitted it to the Defendant as if it was the Defendant’s normal transaction performance and accepted the fraud of receiving a credit loan.

On April 2017, the Defendant: (a) entered a password on the physical card of the Nonghyup Bank Account (Serial Number D) in the name of a stock company, and sent it to an unexponed person on his/her name, from a bus terminal outside Dong-dong, Daegu-gu, Daegu-dong, Incheon-dong, via high-speed bus housing units;

was issued.

As a result, the Defendant promised to receive a loan in return for an intangible expected profit, and lent the access media for the purpose of using it for the above crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, and H;

1. Application of a warrant of search and seizure inspection to statutes;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on Electronic Financial Transactions and Transactions (a means of lending a medium of access to a price promise) concerning the facts constituting an offense, and Articles 49(4)2 and 6(3)3 (a) of the Act on Electronic Financial Transactions and Transactions (a lending a medium of access to a crime for the purpose of using it);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

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

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