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(영문) 광주지방법원 목포지원 2019.10.25 2019고단404
사기미수방조등
Text

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

except that 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 may borrow or lend a means of access while receiving, demanding or promising any compensation in using or managing the means of access;

Nevertheless, the Defendant listened to the statement that “I will give KRW 700,000 to KRW 80,000 per day if I lend the e-mail card connected to the account,” and lent a e-mail card connected to the D Association (E) account in the name of the Defendant before the “C” located in the Mapo City B market among November 2018.

2. The Defendant, as stipulated in paragraph (1), promised to receive compensation from a person who was unaware of his/her name, lent the said D Association account to the Defendant, but did not receive compensation, and the said D Association account was suspended from payment on December 2, 2018, and the Defendant was contacted by the police with regard to the singishing fraud.

Nevertheless, around December 19, 2018, the Defendant heard that “the Defendant sent a loan of up to KRW 10 million at low interest, a copy of the passbook, etc.” from a person who was unaware of his name, and around that time, he sent a copy of the passbook and the Defendant’s identification card connected with the Defendant’s postal account (F) to a person who was unaware of name by facsimile, and notified the above post office account by sending a copy of the passbook and the Defendant’s identification card to a person who was unaware of name.

On December 17, 2018, around that time, the person who was unaware of name may lend the victim G a loan of KRW 44.8 million to 7% interest, and the existing loan must be repaid.

On December 20, 2018, the Defendant received KRW 3 million from the victim to the above post office account, which the Defendant informed as above, on the same day. The Defendant listened to the statement that “on the same day, the Defendant would lend KRW 5 million to the post office account, which is known after withdrawing the entire deposit of KRW 3 million to the post office account,” and that the said post office account is being used for fraud.

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