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(영문) 부산지방법원 2020.01.29 2019고단4957
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 7, 2017, the Defendant was sentenced to eight months of imprisonment for aiding and abetting fraud, etc. at the Busan District Court on August 6, 2018, and completed the execution of the sentence in the Chang Prison on August 6, 2018. On April 23, 2019, the Defendant was sentenced to a fine of seven million won by the Busan District Court on April 23, 2019 and became final and conclusive on November 2, 2019.

[2019 Highest 4957] No person shall borrow or lend a means of access, or store, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used for a crime.

On April 15, 2019, the Defendant received a proposal that “it is possible to lend KRW 2 million to the interest of KRW 2% per month, but it is possible to send a check card to the purpose of repaying the principal and interest of the loan,” from an influent person who assumes a personal monthly loan office B.”

On December 2, 2016, the Defendant: (a) had the account transferred C physical cards to the Buddhist in return for payment; (b) had been investigated by the police on the wind used for the Bosing crime; and (c) had the relevant account transferred the post office physical cards to the Buddhist in October 2018; and (d) had been investigated by the police on the wind used for the Bosing crime on February 25, 2019; and (c) had been prosecuted by the court on February 25, 2019; and (d) had been tried by the court on February 25, 2019, the Defendant recognized that if the account transferred the means of access, such as the account number or physical cards, to the Buddhist in return for payment, it was used for the criminal act such as Bosing, etc.

Nevertheless, the Defendant, as seen above, accepted the proposal of a Buddhist box B, who assumes the “individual monthly loan office B’s agent,” and then, around April 25, 2019, entered the guard room of the Busan Dongdong-gu, Busan, which is the Defendant’s residence, with a packageed one physical card connected to the account under the Defendant’s name (F) and brought the article of Kwikset service.

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