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(영문) 서울동부지방법원 2016.10.13 2016고단2174
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. A crime by using the account in the name of the defendant;

(a) In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall knowingly lend the means of access or keep, deliver and distribute the means of access unless otherwise specifically provided for in other Acts.

Even for the purpose of receiving a loan, the Defendant was aware that the account number and the means of access can be used for various fraudulent crimes, such as showing, if the means of access connected to the account of a financial institution are transferred.

Nevertheless, around November 19, 2015, the Defendant received a proposal to send a e-mail card, etc. under the name of the Defendant to the lender for a loan from a person who misrepresented with the lender, and consented thereto. On November 19, 2015, the Defendant issued a e-mail card connected with the AJ account under the name of the Defendant through Kwikset Service Articles, issued a e-mail card in connection with the AJ account under the name of the Defendant, notified the above e-mail of the password by telephone, and lent the means of access with the knowledge that it would be used for the crime.

B. The Defendant, who committed fraud, was above.

As stated in paragraph (1), upon receipt of a proposal for sending the Defendant’s physical card, etc. for lending from a person without a personal name, the above person without a personal name knew that he/she committed fraud, such as scam, to many and unspecified persons, but he/she lent the physical card and password connected to the above one bank account under the name of the Defendant to the person without a personal name.

Then, on November 20, 2015, the person in whose name the above statement was made up of the sales text "Aphone 6 cellphone 64 pop-up store 64 pop-up store" on the NAC, and false statement was made that the victim AL, who reported and contacted such a letter, sent 40,000 won to the above one bank account in the name of the defendant to the victim AL, if he/she wired the above one bank account.

(b).

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