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(영문) 서울동부지방법원 2019.05.09 2018고단3472

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, the Defendant would, on June 2018, engage in so-called so-called "illegal working loan extended to a financial institution by deceiving a financial institution by creating a false transaction performance by lending a cream card from a person who is not a deceased person on his/her name."

“On June 10, 2018, at around 16:00 of Jongno-gu Seoul Metropolitan Government, 172 and 201, ckwikseter sent one physical card connected to the B Bank Account (Account Number C) in the name of the defendant to the above name bearerer, and the password was notified to the above name bearerer through D Mesen and D Mesen.

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

Summary of Evidence

1. Statement by the defendant in court (the third court date);

1. Statement to E by the police;

1. Certificates of deposit transactions;

1. The application of Acts and subordinate statutes to report on investigation (report accompanied by a copy of relevant case records);

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (Considering Circumstances, etc. favorable to the accused among the reasons for sentencing following the suspension of execution):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order: (a) sent a physical card by allowing a defendant to use his/her account under his/her name while informing him/her of his/her password to facilitate the fraud by deceiving the money from the victim; and (b) the defendant sent a physical card under his/her name to an unspecified person on November 23, 2018 in cases of violation of the Electronic Financial Transactions Act, Seoul East East District Court 2017DaMa1538.