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(영문) 광주지방법원 순천지원 2020.04.02 2020고단451
사기방조등
Text

A defendant shall be punished by imprisonment for one year.

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. Except as otherwise provided for in any other Act, no person who has violated the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access, requesting or promising to receive, request or promise any compensation;

Nevertheless, on October 2019, the Defendant received a proposal from a person who was not the deceased on his name and accepted the proposal that “to lend 3 million won to a person who will lend the principal and interest of the loan,” and then, around October 23, 2019, the Defendant issued a letter of check to Kwikset Service Officer connected to the Defendant’s account (D) in the name of the Defendant in front of the Defendant’s residence located in Mineyang-si B.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

2. An organization of fraud by telephone financial fraud (one named “scam”) is an organization composed of the following forms: (a) a total amount of liability to plan and instruct a total crime; (b) a solicitation and delivery of deceiving a victim; (c) a solicitation and delivery of cash cards; and (d) a cash account; (c) a withdrawal of money transferred by the victims from or directly received from a cash withdrawal; (d) a cash delivery of money transferred by the victims from the cash withdrawal; and (e) a remittance of the deposited proceeds to the domestic or foreign total account; and (e) a remittance of the deposited proceeds.

On October 14, 2019, the Defendant issued a proposal to the effect that “A loan should not be made due to low present credit rating,” from the staff of Bohishing who assumes the representation of Eth Capital F, the Defendant would create a transaction performance by withdrawing the money deposited into an account in the name of the Defendant as instructed, and delivering it to another employee, at the time of raising the credit rating.”

In around 2016, the Defendant had taken two times the suspension of indictment on the violation of the Electronic Financial Transactions Act by transferring the means of access to another person, and has the existing obligation to provide loans.

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