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(영문) 대구지방법원안동지원 2020.11.17 2020고단251
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 using and managing the means of access, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on November 2019, the Defendant received a proposal to the effect that “low interest rate loans are possible. It is necessary to make the entry and withdrawal details of passbook.” In order to withdraw interest on loans, he/she accepted it, and then, on November 15, 2019, at around 15:00, he/she sent one check connected to the post office account (D) account in the name of the Defendant in front of the Defendant in the Gyeonggi-si Group B, which was located in the name of the Defendant at around November 15:00, through Kwikset service article, sent the password of the above post card to the above name defecter through a telephone communication.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.

On December 10, 2019, 10:00 on December 10, 2019, hereinafter “F Bank G G G G G is an agent, and a loan may be made up to KRW 58,00,000,000 by phone to the victim E.”

However, in fact, since the purpose of deceiving the victim by deceiving the victim through the Bophishing method, there was no intention or ability to lend 58 million won at a low interest rate even if the victim received cash from the victim as a repayment of the loan.

Nevertheless, on December 18, 2019, the person under whose name the person under whose name the victim was accused of the victim, and who was so accused, received the H Bank Account (I) 11.6 million won in the name of the defendant from the victim on December 18, 2019.

The Defendant knew that his account was used for the crime of Bosing as above, and around December 18, 2019, around 13, 2019.

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