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(영문) 춘천지방법원 영월지원 2020.01.21 2019고단449
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

In using and managing the means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

On June 7, 2019, the Defendant received text messages from a person who assumes a false name from a lending company's staff member and contacted with him to send a check card to him/her. In the event that a loan is carried out later, the Defendant received a proposal that he/she will deposit the principal and interest into the account connected with the said card and withdraw it by using the said card if the loan is carried out later.

In the past, the Defendant had experience in engaging in loan business for about 14 years at the Association B, and around August 2018, the Defendant transferred the Defendant’s account number and check card to his name in order to obtain a loan, and the account was opened to the police on the wind used for fraud and was investigated. Accordingly, in response to the proposal to avoid the loan, the Defendant was aware that the account number and check card can be used for the crime such as scam, if the account number and check card are transferred without permission to the non-member of the name.

Nevertheless, on June 21, 2019, the Defendant accepted the proposal of a person who was not entitled to the above name, and then sent one copy of the physical card connected to the account (F) under the name of the Defendant to the person who was unable to use his/her name after packaging it to the box, and the instant facts charged in the instant case were stated that the Defendant was also informed of the account number, but the correction was made because there was no such fact. The Defendant notified the Defendant of the instant case using G Mes.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Details of each account transaction, information for opening an account, G message, and

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