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(영문) 서울중앙지방법원 2020.09.17 2020고단3590
사기방조등
Text

A defendant shall be punished by imprisonment for not more than ten 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 shall lend the means of access necessary for electronic financial transactions while receiving, demanding or promising any consideration;

On February 13, 2020, around 17:14, 2020, at the new post office located in Gwanak-gu, Seoul Special Metropolitan City, 118, the Defendant heard the speech that “to get a loan by raising credit points” from a person who has not been registered, and sent a physical check card connected to B Bank (C) under the name of the Defendant to the person who has not been registered by mail.

Accordingly, the Defendant promised to pay for illegal loans due to false credit points, and lent the means of access necessary for electronic financial transactions.

2. On March 1, 2020, on the part of the victim D who contacted with the victim who wants to obtain a loan at an irregular place on March 1, 2020, and received money from the victim as a repayment of the existing loan, the victim did not have the intent or ability to obtain the loan from the victim because he did not have the intent or ability to do so, even though he did not have the intent or ability to do so, by misrepresenting the head of E BankF team, and falsely concluding that “a loan will be avoided if he/she redeems the existing G loan, and a loan will be repaid to the account notified to him/her at the same time from the victim.”

2. At around 10:32, the Defendant was transferred KRW 10 million to the Hbank account (I) in the name of the Defendant.

At around 09:50 on March 2, 2020, the Defendant informed his account number to the person under whose name the account was requested for the loan without any particular reason, despite recognizing that his deposit account can be used as an account to which the amount was deposited, the Defendant informed the account number of the above Hbank in the manner of expectationing the loan by accumulating the withdrawal performance.

It is recognized that there is no substantial disadvantage to the defendant's exercise of his/her right of defense without going through amendments to indictment.

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