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(영문) 창원지방법원 진주지원 2019.08.13 2019고단253
사기방조등
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

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 a crime or to be used for a crime;

Nevertheless, the Defendant, who misrepresented “C”, committed an undertaking that “I would have a low interest loan extended from the name singing staff of the Defendant, and if you send a physical card with low credit rating, you will have a loan by repeatedly raising the transaction performance.” On December 22, 2018, the Defendant provided a copy of the physical card connected to the F (G) account in the name of the Defendant, which was sent by the said Bosing Organization in front of the “E” on the road located in Jinju-si, Jin-si around December 22, 2018.

Accordingly, the Defendant, even though being aware of being used in the crime, lent the means of access to his name.

2. Frauding;

A. On December 11, 2018, an employee in charge of the singishing of the name stated in paragraph (1) of the said paragraph, the said employee acquired KRW 9 million from the victim H by means of money from the victim’s account to the F (G) account in the name of the Defendant on December 11, 2018, stating that “it is lack of credit for intending to grant a low interest loan. It is necessary to specify transactions in order to improve credit rating, but it is necessary to repay KRW 9 million to a designated account through cash service.”

On December 11, 2019, the Defendant: (a) withdrawn KRW 9 million deposited in the said F account from the F located in J-si, J-si, J-si on December 11, 2019 in order to assist the Defendant in committing the above crime; (b) subsequently, the Defendant assisted the Defendant to commit the crime by making it easier for the Defendant to commit the above nine million won by making it easier for the Defendant, in front of the K Elementary School, which is located in J-si; and (c) by making it possible for the Defendant to commit the said crime.

B. On December 12, 2018, an employee in charge of the singinging of the names as stated in paragraph (1) of the above provision was made by calls from the victim B at the singular site, and the fact was made by calls from the victim B.

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