(영문) 의정부지방법원 2019.11.29 2019고단4408

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(영문) 의정부지방법원 2019.11.29 2019고단4408

전자금융거래법위반

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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

In using and managing a means of access, no one shall receive, request or promise any compensation, or lend a means of access knowing that it will be used for any crime, unless otherwise specifically provided for in other Acts.

In the past, around 2015, the Defendant transferred e-mail cards, etc. connected to his own financial account to another person for the purpose of lending them, and entered three times under suspicion of violation of the Electronic Financial Transactions Act, and the copy of the passbook was not the means of access. In 2018, the Defendant was subject to the disposition of non-prosecution for the reason that the e-mail was not the means of access. The Defendant was aware that the e-mail was used for the telephone financial fraud if the e-mail and e-mail cards, etc. were transferred to the designated account according to the instructions of the e-mailist, and was sentenced to a fine for the crime of aiding and abetting.

Nevertheless, around May 7, 2019, the Defendant called from the person in non-titled name to the effect that “a maximum of five million won per annum shall be lent to 5% per annum, because he is a unregistered company, and thus he has no virtual account, sent a physical card capable of withdrawing the principal and interest,” and consented to the lending of the physical card in order to raise a fine amount of five million won with the knowledge that it can be used for telephone financial fraud crime, and then, around June 7, 2019, the Defendant sent two men in non-name who were sent by the person in non-named named on the roads of the head and the head of neighboring area located in the Dongcheon-gun-gun-gun-gun-gun-gun-si, and notified the password of the physical card in the name of the Defendant.

As a result, the Defendant promised to receive future loans in return for intangible expected gains, and, while being aware that they will be used for crime, lent the means of access to a person who is not aware of it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written petition;

1. Certificates of deposit;

1.Each F.m.

참조조문

-전자금융거래법

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