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(영문) 서울남부지방법원 2019.05.15 2019고단1455
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 may lend a means of access with knowledge that he/she will be used for a crime or used for such crime.

Nevertheless, around December 26, 2018, the Defendant received a proposal that “a loan may be made at a low interest rate,” from a person who has no personal knowledge, to send a physical card to be used when paying interest.”

At the time of November 27, 2017, the Defendant received a proposal from a person who was not entitled to receive a loan, and transferred a physical card connected to B bank account under the name of the Defendant on February 20, 2018 and received a disposition of suspension of indictment on the violation of the Electronic Financial Transactions Act at the Seoul Central District Public Prosecutor's Office, which was well known that the proposal of the person who was not entitled to receive the above name could be related to the fraud, such as referring to 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '.

Accordingly, the Defendant, knowing that it will be used in crime, lent a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on details of inquiries by account holders;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act, the background and content of the instant crime, as well as the cases where the said crime is used as a means of other crimes, requires strict punishment. In practice, even in the instant case, the means of access leased by the Defendant appears to have been used as a fraudulent crime, resulting in damage therefrom, the criminal records of the Defendant, which is recognized as a crime, and there is no benefit acquired by the Defendant as a criminal act.

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