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(영문) 대구지방법원 서부지원 2016.09.23 2016고단263

사기방조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium for electronic financial transactions, or store, deliver or distribute such medium, while receiving, demanding or promising any consideration;

Nevertheless, on June 3, 2015, the Defendant would pay 3% of the amount of withdrawal from the passbook to the Defendant’s account on the face of his/her name.

“I hear the word “,” and read the Defendant’s passbook at lending it.

On June 5, 2015, the Defendant received KRW 1850,00 in return for the lending of passbook from a person who has no name, and lent a medium of access to electronic financial transactions, such as the account number and password of the national bank account under the name of the Defendant, and password, to the person who has no name.

2. As mentioned in the above paragraph (a), the Defendant: (a) knew that the nameless person who borrowed the passbook to the Defendant was aware that he/she committed a crime of “scaming” under the name of another person secured in advance by lending money to the unspecified victims, trading goods, misrepresentation, etc.; (b) knowingly, he/she was aware that he/she received money from the other person’s account; (c) lending the nameless person an access medium, such as the passbook; and (d) directly withdrawing the money deposited in the leased passbook.

On June 4, 2015, at around 09:58, the name Buddhist person called the victim C by phoneing the victim at an unspecified place, and “The public prosecutor of the Seoul Central District Public Prosecutor’s Office is the same that the head of the Si/Gun/Gu is involved in the crime. In order to prove that he/she did not participate in the crime, he/she makes a false statement to the effect that he/she transfers money to the account that he/she does not have to know the password of the OTP card after transferring the money to the account that he/she does not have to know the password,” and that he/she was wired KRW 10,000,000 from the above victim on June 5, 2015.

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