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(영문) 춘천지방법원 원주지원 2019.10.16 2019고단872

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On April 6, 2017, the Defendant was sentenced to a suspended sentence of 6 months for fraud at the port branch of the Daegu District Court, and was sentenced to a suspended sentence of 6 months for fraud. On November 30, 2017, the same court was sentenced to imprisonment with prison labor for night, intrusion upon structure, larceny, etc. on the same court on January 30, 2017, and the said suspended sentence was invalidated on January 3, 2018. On August 3, 2018, the Defendant completed the execution of the final sentence in the racing prison.

【Criminal Facts】

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or keep, deliver or distribute such medium, knowing that such medium is to be used for a crime, unless otherwise expressly provided for in any other Act, in using or managing such access medium, or lend or lease any access medium, or keep, deliver or distribute such medium by receiving, demanding or promising any compensation therefor;

On August 12, 2019, the Defendant: (a) reported on August 12, 2019 on the Internet website, and proposed that “I would like to collect and deliver a physical card if I would collect and deliver it”; and (b) knew that I could be used for a crime.”

On August 20, 2019, the Defendant received 4 copies of the physical card connected to C’s name-free male account (D), E’s bank account (F), G’s new bank account (H), and I’s account of community credit cooperatives (J) from a male on the name-free male on August 20, 2019, and received 200,000 won in return. < Amended by Presidential Decree No. 23488, Aug. 21, 2019; Presidential Decree No. 23578, Aug. 21, 2019; Presidential Decree No. 23578, Aug. 32, 2019>

Accordingly, the defendant knowingly received the means of access and delivered the means of access with the knowledge of being used in the crime.

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