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(영문) 대구지방법원 김천지원 2020.02.18 2019고단1536

전자금융거래법위반등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act may borrow or lend a means of access by financial institutions in receiving, demanding or promising any compensation;

On July 4, 2019, the Defendant: (a) received a proposal stating, “I will give loans at a low interest rate if I send a check to repay principal and interest,” from a person who misrepresented B, and (b) received the proposal, around 13:30 on July 8, 2019, the Defendant sent a copy of the check card connected to the C Association accounts (D) in the name of the Defendant in the vicinity of the Yeongdeungpo-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, through Kwikset-si Services.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to financial institutions.

2. Around July 4, 2019, the Defendant received a proposal stating that “When sending a check to repay principal and interest, the Defendant would have borrowed at a low interest rate” from a person who misrepresented himself/herself as a lending counselor B.

At around 13:30 on July 8, 2019, the Defendant knew that the person who received the above name cards and connection accounts received from the Defendant was to be used for the so-called “singishing” crime in which money is acquired by putting a telephone to many unspecified persons by misrepresenting the financial institutions, investigation agencies, etc., the Defendant sent one check card connected to the C Association account (D) in the name of the Defendant to Kwikset, and notified the above account number and password via telephone.

On July 8, 2019, at a place where it is impossible to know the place on or around July 8, 2019, the person in poor name was transferred by phone call to the victim E to “F Company G G. If the existing loan is repaid, the person in poor name will provide a loan of up to 60 million won at low interest rate.” It was transferred from the victim to the above account in the name of the defendant around 13:40 on July 8, 2019, and the above deposit was made.