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(영문) 수원지방법원 안양지원 2019.11.28 2019고단752
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person shall lend a means of access while receiving, demanding or promising compensation.

Nevertheless, on January 17, 2019, the Defendant: (a) heard the end that “a loan can be granted if only a physical card is sent; (b) sent a physical card photograph connected to the Defendant’s Cbank account (D) from the needy person while making a loan consultation with the needy person and B; and (c) sent a physical card photograph connected to the Defendant’s C Bank account (D); (d) around 18:30 of the same year, around 18:30 of the same year, the Defendant sent the above physical card to the needy person via the F convenience store in E and notified the password.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Around February 14, 2019, the Defendant: (a) received a call from an employee under the name of the name of "G Bank HH team leader" called "G Bank HH team leader" to the effect that "in order to obtain a low interest loan, he/she shall create a transaction record; (b) he/she will deposit our company's money in lieu of us to have a loan; (c) he/she shall make a performance and receive a loan; (d) he/she shall withdraw and deliver to us the money deposited in the bank account to us; and (e) notified us of the account number in the name of the Defendant."

In fact, the Defendant was under contact by sending a physical card from a person under whose name the Defendant was named and transferred the means of access, but the Defendant’s account linked to the above physical card was used for the crime of Bosing, and was investigated on February 13, 2019. The Defendant instructed the Defendant to make a false statement of the need for cash at his/her own expense at the time of withdrawal from the bank from his/her name in the name, and received the direction that the withdrawn cash would be hidden after the fire extinguisher kept in the Defendant’s company where the Defendant works. Therefore, it was recognized that the money deposited into the Defendant’s account was the damage source for the crime of Bosing.

Nevertheless, the defendant is not entitled to receive a statement.

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