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(영문) 창원지방법원 마산지원 2019.01.22 2018고단877

횡령등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium necessary for electronic financial transactions, or keep, deliver or distribute such medium while demanding, demanding or promising to do so;

Around January 2018, the Defendant received a proposal stating that “The Defendant would pay KRW 100,000 per day if he/she lent a e-mail card connected to the account from a person who was unable to know his/her name through B Messen, from a person who was unable to know his/her name via B Messen.”

Since the Defendant could not use his account under his name because he was a bad credit holder at the time, he received one check from C, which was connected to the Gyeongnam Bank Account (D) in his name, and sent one check card to a person whose name cannot be known, using Kwikset-si E Apartment-gu, Changwon-si, Changwon-si.

Accordingly, the defendant promised to pay and lent a physical card, which is a means of electronic financial transactions.

2. As referred to in paragraph (1), the Defendant sent a physical card connected to the Gyeongnam bank account in the name of C to a person with no knowing his/her name, and received the communication from the person with no knowing his/her name “one day withdrawal limit of the e-mail card. There is a lack of one-day withdrawal limit of the e-mail card. It is divided into three accounts to inform him/her of the money deposited into the account and divided it into three accounts.” In order to receive the communication that “the money deposited into the account would be harmful to the Gyeongnam bank account in the name of the above C, the Defendant was able to collect the money from

On the other hand, the victim F calls that “A loan can be made at a low interest rate if an existing loan is repaid from a person who assumes the name of G employee from the person who is not known.”