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A defendant shall be punished by imprisonment for not more than ten 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
1. No person who violates the Electronic Financial Transactions Act shall lend the means of access necessary for electronic financial transactions while demanding or promising to receive any consideration;
Nevertheless, around December 14, 2018, the Defendant sent a physical card to Kwikset service article, which was linked to the Defendant’s name bank account (D) in accordance with the proposal of the name-free box stating that “When sending a physical card, the Defendant will then withdraw money from the account and then use it to withdraw the money.” On December 14, 2018, the Defendant informed Kwikset service article of the password, who sent the above name-free recipient, of the password number.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.
2. No one who violates any Act on Real Name Financial Transactions and Guarantee of Secrecy shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, and other evasion of law;
On January 2, 2019, the Defendant: (a) received the Defendant’s name bank account (F) with the intent of providing the said name to the said person in accordance with the proposal of the name bearers under the purport that “When withdrawing and sending the money deposited to the account, the Defendant would create a transaction performance and offer a loan.”
Accordingly, the Defendant, around that time, informed the account holder under the name of the above Defendant to use it for the transaction, and at around 14:20 on the same day, pursuant to the direction of the victim of telecommunications-based financial fraud, H, the victim of telecommunications-based financial fraud, withdrawal of KRW 12 million deposited into the above account at the main month point of the E bank located in Nam-gu Seoul, Nam-gu, Gwangju, and then transferred it to the male who was named, the Defendant used the Defendant’s account to receive the transfer of the amount of loss related to telecommunica
Accordingly, the defendant's purpose is to evade the law of law.