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(영문) 부산지방법원 2019.01.08 2018고단4961
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

No person shall, knowing that he/she is to be used in any electronic financial transaction, make a transaction request or lend, keep, deliver or distribute a means of access used in order to secure the authenticity and accuracy of users and the details of such transaction.

The Defendant, upon promise of compensation and the lending of the means of electronic financial transactions to a person under his/her name, used the means of access for fraud, and was issued a summary order of KRW 3 million by the Busan District Court on February 9, 2018 due to the violation of the Electronic Financial Transactions Act, and thus, was aware that if the means of access was leased to another person, the account in his/her name could be used for criminal acts. Moreover, the Defendant would have borrowed a loan by giving credit rating when sending a "physical card while being called a lending company's employee." The Defendant was aware of the following: (a) with the intent of making a false statement to the effect, and then, (b) the act of committing the crime of the Bosing organization using the means of access by the passbook was also known.

Nevertheless, on May 2018, the Defendant received a proposal from a person who was named as a police officer on his name, to the effect that “B, to obtain a loan due to a low credit rating, the Defendant sent a Hawk Card, which has to repeatedly create a transaction statement and obtain credit rating, and accepted it. On May 1, 2018, the Defendant sent a wk card connected to the c safe account (D) in the name of the Defendant without confirming his specific personal information or the location of his office, etc. before the departure of the subway Station 108, located at the Busan Slick-gu square, Busan, Busan, the date of May 2018.

Accordingly, the Defendant knowingly lent the means of electronic financial transactions to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the Police Statements of E: 1.

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