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(영문) 수원지방법원 2019.02.18 2018고단6235
사기방조등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 the name of the Defendant’s employee in the name of the Defendant, the employee in the name of the Defendant assumes a false statement, such as misrepresenting bank, and offering a low interest loan. However, in order to obtain a loan, the employee in the name of the Defendant would have the victim transfer money to a bank account designated by us, etc. under the name of the Defendant, and the Defendant had the victim use the means of access, “where the means of access is lent to another person, such as a physical card, etc., the means of access may be used for the commission of the crime, such as scam,” although it was well known that the means of access would be used for the crime of scam, if the Defendant lent the means of access to the Defendant’s name, and then, when the amount of damage from scam is deposited to the account connected to the means of access, he received the means of access at will.

【In using and managing the means of electronic financial transactions, no person shall borrow or lend the means of access with the knowledge that such means are to be used for a crime or to be used for a crime unless otherwise provided for in any other Act.

Nevertheless, the Defendant, at around 12:00 on February 14, 2018, proposed to the effect that “the Defendant would use and grant a user fee for the operation of the soil site in front of the Defendant’s house located in Yeongdeungpo-gu, Suwon-si, and that “the operator of the soil site is a person operating the soil site if he/she lends his/her account,” and that the above fact is an employee of the above person’s name and the Defendant would be used for the use of the means of access in the case of lending the means of access to the person under his/her name, even though he/she is well aware that the means of access would be used for the crime of Bosing, the means of access would be lent to the person under his/her name and if the money was deposited into the account connected to the means of access

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