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A defendant shall be punished by imprisonment for six 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. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall promise to lend the means of access to any compensation unless otherwise specifically provided for in any other Act;
Nevertheless, on July 10, 2019, the Defendant received a proposal from the person who was the weak name of the lending company and received it, and then sent the check card to the person who was named in the name of the Defendant using Kwikset Service.
Accordingly, the Defendant promised to borrow the means of access in consideration of intangible expectation interest that the Defendant can receive future loans.
2. On July 4, 2019, a staff member in charge of the Embezzlementing the name of embezzlement : (a) called “a loan may be extended to KRW 30 million; (b) a loan shall be extended to the previous account; (c) a notification shall be made by depositing money into an account; and (d) a notification shall be made by depositing money into an account; and (c) a member of the personnel shall receive a remittance of KRW 6 million from the victim to the Defendant’s name bank account (C) around July 11, 2019; and (c) the Defendant became aware of the fact that money of the victim was remitted to the said Defendant’s name B bank account.
Around July 10, 2019, the Defendant received a proposal from the person who was not the victim of the above name and accepted the proposal to offer a loan to the third party by sending the check card under the name of the Defendant. Around that time, Kwikset Service used Kwikset and sent a copy of the check to the person who was not the victim’s name. Around that time, the person who was not the victim’s name was committing the phishing crime against the victim, and received 6 million won from the bank account in the name of the Defendant. While the Defendant kept the above money owned by the victim as above, he was able to use the above money individually at that time and repaid the card value.