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A defendant shall be punished by imprisonment for four 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
1. No person who violates the Electronic Financial Transactions Act may lend a means of access in promising any compensation;
Nevertheless, at around 12:00 on June 21, 2019, the Defendant: (a) received a proposal that “on the face of sending a physical card from an account in the name of the Defendant to be used for repayment of interest on loans, to lend KRW 6 million to the Defendant; (b) on the street in front of the “E Hospital” located in Gyeonggi-si; (c) sent one physical card connected to the F bank (Account Number: G) account in the name of the Defendant to the Nonindicted Party; and (d) notified the Nonindicted Party of the password.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
2. Around June 21, 2019, the Defendant violated the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and Refund of Loss: (a) deposited KRW 6 million in the Defendant’s account as indicated in paragraph (1) from H (E) to the Defendant’s account; and (b) deposited KRW 1 million out of that account; and (c) “The Defendant’s account was suspended from payment; (b) the F Bank’s account was suspended from payment; (c) confirmed that “the Defendant’s account was confirmed by visiting the bank; and (d) any transaction between the principal and any illegal transaction was reported.” However, even though the Nonindicted Party was aware of the fact that the name in paragraph (1) constituted illegal transactions through the Defendant’s account, he was willing to avoid the suspension of payment on the proposal of the person who was not entitled to the above name, and thus, had the person who was
On June 24, 2019, around 12:09, the Defendant released the suspension of payment on the ground that “The Defendant submitted personal information, such as the contact point, personal location, and personal location of H that was received in advance from the person who was not injured in the name of the F Bank located in the Namcheon-si, Echeon-si.”
As a result, the defendant raised an objection against the financial company's suspension of payment against the fraudulent financial account.
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