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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On August 2017, the Defendant violated the Electronic Financial Transactions Act: (a) received text messages from an unqualified person to lend the means of access for tax exemption from a liquor company; (b) intended to lend the means of access; and (c) around October 18, 2017, around October 18, 2017, the Defendant sent Kwikseter a name-based check to the article of Kwikset Service (D) opened in the name of the Defendant to the article of the bank account (D) opened in the name of the Defendant, and notified the password.
Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.
2. On April 2017, 2018da2004, the Defendant stated, by telephone, that “A’s mother would not have any economic situation due to her fraud, make repayment within 3 and 4 months if he/she borrowed money with the loan, and if he/she would have repaid the money, he/she will also delete the loan records.”
However, the mother of the defendant did not have been subject to fraud, and the defendant tried to lend money from the victim, and there was no intention or ability to repay money to the victim within three to four months since the economic situation at the time was not good.
Nevertheless, the Defendant, as above, got the victim to borrow KRW 18 million from the G bank on April 13, 2017, and 17 million from H bank, and acquired KRW 35 million from April 13, 2017 to the C bank account in the name of the Defendant from April 14, 2017.
Accordingly, the defendant abused 35 million won by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer with regard to I and F;
1. Investigation report (execution of a warrant of seizure, search, inspection and reply to details of transactions);
1. Letters;
1. Investigation report (Submission of materials files a complaint and financial transaction statement);
1. Investigation report (the confirmation, etc. of details of loan transactions under the name of the victim);