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(영문) 부산지방법원 2019.08.23 2019고단768 (3)
횡령등
Text

A defendant shall be punished by imprisonment for six months.

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 with the knowledge that such means will be used for a crime or for a crime;

On December 2, 2016, the Defendant received a proposal to the effect that “a loan will be made. It is possible to lend a loan to enhance credit rating by accumulating the account deposit and withdrawal transaction performance. If sending a e-mail card, it would be possible to lend a loan.”

On February 2016, the Defendant: (a) received a police investigation on the wind used for a Bophishing crime; (b) received a bank check from an account holder to receive a loan on December 2016; (c) was aware that the account holder was provided with a means of access, such as another person’s account number or physical card, at a Bophishing organization; and (d) was aware that the account holder was used for a large account holder to receive a loan; and (e) if the account holder transferred the number or physical card without permission to use the means of access, such as Bophishing, to receive a loan, it was used for a criminal act such as Bophishing; and (e) on December 2, 2016, the Defendant informed the account holder of the bank’s password and the bank’s password, which was linked to the account holder at Busan Kwikkdong’s website and the Defendant’s bank’s password (hereinafter referred to as the “BC”) and the Defendant’s bank’s bank’s password, which was linked to the account holder.

Accordingly, the Defendant was aware that the means of access was used in crime, and the Defendant was leased or lent, or stored, delivered, or distributed.

2. On January 6, 2017, the party who was the victim of fraud is a staff member of the JA and loans at low interest rate by posting the phone to the victim I.

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