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(영문) 부산지방법원 2020.03.18 2019고단5966

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Before repeated crime and final judgment] On October 27, 2017, the Defendant was sentenced to five months from the Busan District Court to imprisonment with labor for violating the Electronic Financial Transactions Act, etc. On March 23, 2018, the enforcement of the sentence was terminated. On September 4, 2019, the Busan District Court sentenced ten months of imprisonment with labor for violating the Electronic Financial Transactions Act, and the sentence became final and conclusive on December 5, 2019.

[2019 order596] No person shall borrow or lend a means of access, or store, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used for a crime.

On January 2019, the Defendant received the proposal that “I will give KRW 1 million per sheet if I sent a physical card as I need for tax reduction and exemption to alcoholic beverage companies.”

Accordingly, in order to provide the account to the above in fact, even though the defendant knew that it would be used for criminal acts, such as scam, in a case where the defendant would allow another person to use scam cards, etc.

1. On February 1, 2019, in front of the “DC” located in the Busan East-gu Busan Metropolitan Government, one check and one OTP card connected to the FF Association account in the name of E from the land-person E;

2. On March 14, 2019, around the H Hospital located in Gwangju-gu, Gwangju-gu, and around I, two copies of a physical card linked to I’s J bank account, and K Bank account, respectively.

Accordingly, the Defendant was knowingly lent a means of access to a crime.

[2019 order6236] No person shall transfer or acquire any means of access to another person, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant received a proposal to the effect that he would grant one million won for the case of holding a passbook from a person who was named in the name of the Plaintiff through the Lone Star Program. On May 8, 2019, the Defendant made a proposal to the effect that he would pay for the case of a passbook to the Seocho-gu Busan, Busan, on June 16, 2019.