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(영문) 부산지방법원 2019.03.20 2018고단5974

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall, knowing that he/she is to be used in any electronic financial transaction, make a transaction request or lend, keep, deliver or distribute a means of access used in order to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around January 2018, the Defendant accepted a proposal to the effect that “In the event that he sent a physical card and informs of the bank password, the Defendant would borrow the bank account number by telephone from the person who was unaware of his name.” On the front of the “Cmat” located in the Busan Dong-gu, Busan, the Defendant knew that the above person who was unaware of name was an ordinary financial company employee, and without confirming whether the above person was a normal employee of the financial company, his identity, office location, etc., and that the above person was able to use the above card for crime without confirming the possibility of using the crime. However, the Defendant knew that the above person was a normal employee of the financial company, but, without confirming the possibility of using the card, sent the physical card connected to the agricultural bank account in the name

Accordingly, the Defendant knowingly lent the means of electronic financial transactions to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. An investigation report (a copy of suspect A's suspect interrogation report, etc.) asserts that the defendant lent a physical card with knowledge of whether it was used for a crime, and that the defendant lent the physical card. Thus, the following circumstances acknowledged by each of the above evidence are as follows: ① The defendant already lent the cash card to another person to a third party in around 2014, and had a police investigation experience; thus, the defendant had been sufficiently aware that it is likely to be used for a crime even in lending the physical card to a third party as in the instant case; ② Even if the defendant lent the physical card for the purpose of lending it to a third party as claimed by the defendant, he/she fully repaid the money borrowed.