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(영문) 청주지방법원 2018.07.12 2017고단2858
전자금융거래법위반등
Text

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

Reasons

Punishment of the crime

On June 17, 2011, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Daejeon District Court on April 8, 2015 and completed the execution of the sentence at Daejeon Prison on April 8, 2015.

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, such as physical cards used in electronic financial transactions, or store, deliver or distribute such medium, knowing that such medium is to be used for a crime or used for a crime;

Nevertheless, on June 12, 2017, the Defendant extended a loan of KRW 10 million at the lowest interest rate from a person who has no name from a person who was in the name of the defendant at a closed place. However, as it is necessary for the loan, the Defendant sent a passbook and a e-mail card.

In other words, the Defendant accepted the proposal that the above passbook and the Cze Card will be used for the singishing crime, etc. on July 20, 2017, and the Defendant sent a passbook (Account Number B) under the name of the Defendant to the above-mentioned person in Busan via several cargos, and sent the passbook (Account Number B) to the above-mentioned person in Busan on July 20, 2017. The Defendant sent the Cze Card to the above-mentioned person in Incheon via several cargos, and sent the emuline card (Account Number: C) to the above person in the name of the Defendant, and notified him of the password, etc. in the mobile phone text.

Accordingly, the Defendant lent access media with the knowledge that the access media used in electronic financial transactions will be used for crime.

2. Aiding fraud;

A. The Defendant: (a) transferred the passbook and the e-mail card under his name to the e-mailed passbook; (b) had transferred the passbook and the e-mail card to the e-mail; and (c) had a smartphone made the entry and withdrawal details of the passbook; and (d) had a money deposited in the passbook from the victims of the fraud, he had the victim expressed his intent to immediately withdraw the money and pay for his bonds or use it as the name of living expenses.

Defendant 1 stated above 1.

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