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(영문) 서울남부지방법원 2019.05.29 2018고단5632
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, with the knowledge that the means of access is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

On July 19, 2018, the Defendant: (a) proposed that “the lending will be carried out by piling up transaction performance; (b) the Defendant sent a physical card; (c) but was aware that the lending was made by an abnormal and illegal means; (c) did not verify the personal information of the person under the name of the Defendant; and (d) was already subject to the disposition of non-prosecution due to suspicion of violating the Electronic Financial Transactions Act; and (c) was fully aware that the personal information of the person under the name of the Defendant would be used for the crime, such as scaming, by using the scam, etc., if the Defendant issued the scam card to the person under the name of

Nevertheless, the Defendant issued a physical card connected to the D Bank Account (Account Number: E) in front of the “C” in Gangseo-gu Seoul Metropolitan Government on the same day to the person who sent the above name in favor of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement;

1. A detailed statement of withdrawal transactions and reply to a request for provision of financial transaction information;

1. Application of Acts and subordinate statutes on criminal records, etc.;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) even if the Defendant had been fully aware of the fact that the cash card was lent in a similar way and was subject to a non-prosecution disposition, the Defendant again committed the instant crime; and (b) the means of access lending, such as singinging, etc.

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