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(영문) 대구지방법원 서부지원 2016.08.12 2016고단753
사기방조등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2016 Highest 753"

1. No person who violates the Electronic Financial Transactions Act shall lend any access medium for electronic financial transactions, knowing that such medium is to be used for a crime;

On April 17, 2015, the Defendant received contact from a person in a name-free statement to the effect that “a loan may be made by piling up a result of account transactions, and a physical card and password is necessary to revise transaction details.”

On April 20, 2015, the Defendant: (a) was aware of the fact that the Defendant was unable to receive a loan, even though he/she had already transferred a e-mail card and password to a non-known person prior to the e-mail subway station; (b) was committing fraud using another person’s account; and (c) was not required to obtain a loan; (d) despite the well-known fact, the Defendant sent a e-mail card and password connected to the e-mail account of the Defendant’s name to the non-known person, including the e-mail card and password.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

2. As stated in the preceding paragraph, the Defendant: (a) knew that a nameless person, who requested the Defendant to lend the passbook to an unspecified victim, commits a crime of fraud of a nameless person in distress by lending money to another person’s account secured in advance, such as lending money, trading of goods, misrepresentation to an investigation agency, etc.; (b) lending the money to the above nameless person; and (c) directly withdrawing the money deposited in the leased passbook.

On April 20, 2015, the name influor was called the victim C at a non-fluorous place on April 20, 2015 and caused damage to the victim C by creating a presidential passbook in the name of the Singu District Public Prosecutor's Office (Seoul Western District Public Prosecutor).

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