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(영문) 춘천지방법원 영월지원 2020.02.25 2019고단530

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

On April 22, 2019, the Defendant received a telephone from a person under whose name the Defendant misrepresented the lending broker to “to lend. It is possible to lend a e-mail card connected to an account under the name of the Defendant and to withdraw by using a card sent by the Defendant when the principal and interest is deposited into the account.”

In the past in 2018, the Defendant was aware that the Defendant could use the Defendant’s account number and physical card to commit an offense, such as singing, in a case where the account number and physical card were transferred to a person under his name in order to obtain a loan at around 2018 and the account was opened to the police on the wind used for committing a singing crime.

Nevertheless, the Defendant, after accepting the proposal of the above, notified the person under whose name the account number and password of the national bank account (B) in the name of the Defendant, and sent him/her a physical card connected to the above account at the office of the third floor D office in the Gangwon-si Office in Seoul Special Metropolitan City, Gangwon-do on April 23, 2019, and sent him/her to the person under whose name the account was named, using Kwikset service.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A prosecutor's copy of the suspect's Kakao Stockholm propy, conversation between the victim and the suspect, certificate of deposit, customer information inquiry and details of transactions, results of search of the suspect A, investigation report (verification of the suspect's same power) and documents attached thereto are applied to the law.