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(영문) 서울동부지방법원 2019.03.28 2018고단4420
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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, around April 19, 2018, the Defendant called from a person who was not the deceased's name to the effect that "if he sent a physical card due to a lack of transaction performance, he would lend 60 million won by raising the transaction performance." On the same day, around 15:00 on the same day, the Defendant sent a physical card connected to the Cbank account (Account Number D) in the name of the Defendant in Gangdong-gu Seoul, Gangdong-gu, Seoul, to Kwikset service articles who sent the above person who was not the deceased's name, and notified the above person of the password through the telephone.

Accordingly, the Defendant, by creating a false transaction performance and raising credit rating, lent the means of access knowing that it would be used for a so-called so-called illegal work loan, etc. that is obtained a loan by deceiving a financial institution.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (Attachment to details of transactions in suspect bank accounts);

1. Inquiry into the details of currency;

1. Details of the C Bank Account transactions;

1. Application of Acts and subordinate statutes of photograph of the content of conversation;

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 reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order cause the Defendant’s use of his account in his name by sending a physical card and notifying the password to facilitate the fraud by deceiving money from the victims. The Defendant sent a physical card by allowing the Defendant to use his account in his name with the knowledge that it would be used for the instant crime, i.e., the same content as that of the instant crime.

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