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(영문) 대구지방법원 경주지원 2019.03.06 2018고단714
사기방조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that such means are to be used for any crime or committed;

Around 13:00 on April 23, 2018, the Defendant, at a bus terminal located in Nowon-gu, Simdong, Simdong, proposed to the effect that “3% of the amount deposited in the account would be deposited in the account if he lends the account to operate an enterprise that purchases overseas printed items,” and that there was already been punished for the violation of the Electronic Financial Transactions Act, and that if the account was lent to the account, it would be used for the crime, the Defendant sent the name of the Defendant using one passbook and physical card connected to the post office account (Account Number B) under the name of the Defendant, using a high-speed bus housing unit.

Accordingly, the Defendant knowingly lent the means of access to the crime.

2. On April 23, 2018, at around 13:00, the Defendant lent a passbook and a check card connected to the account to be used in committing the crime from a cross-city bus terminal located in the Nowon-gu, Young-gu, Sindong on April 23, 2018.

On April 25, 2018, at a place where it is impossible to identify the place, the name-free person misrepresented the victim C to the E employee of the D Co., Ltd., a lending company, by telephoneing the victim C, and falsely stated that “a loan may be made up to 25 million won: Provided, That as the credit rating is low, if the loan is sent at the present, the credit rating will be increased, and the deposit will be returned again.”

However, the above-mentioned person did not have the intention or ability to provide the loan even if he received the deposit from the victim.

On April 26, 2018, the person who was unaware of the name shall be the post office account (B) in the name of the defendant on April 26, 2018, under the name of the victim by deceiving the victim as above.

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