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(영문) 서울서부지방법원 2020.07.22 2020고단183

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The facts charged was partially revised ex officio to the extent that it does not interfere with the defendant's exercise of defense.

On March 7, 2012, the Defendant received a disposition of suspending indictment for the violation of the Electronic Financial Transactions Act from the Gwangju District Prosecutors' Office. The content was accepted by the proposal that the Defendant would receive a loan if the Defendant sent a physical card, etc. from his name-free persons, and the content was to newly open a bank account in the name of the Defendant and deliver the connected physical card and passwords. Such act was well known during the investigation process and was not subject to recidivism in the future. On November 25, 2015, the Seoul Central District Prosecutors' Office received a disposition of non-prosecution regarding the charge of the violation of the Electronic Financial Transactions Act from the Defendant’s name (defluence of evidence) on the ground that the Defendant was not aware of the loss of the means of access in the name of the Defendant using the means of access in the name of his/her name-free person at the time of obtaining a loan from his/her name-free persons at the time of the investigation process, and thus, it appears that there was no possibility for the Defendant to obtain a new 31-year imprisonment.