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(영문) 서울북부지방법원 2018.09.19 2018고단2926
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium while receiving, demanding or promising the payment thereof in using or managing the access medium used for electronic financial transactions;

Nevertheless, on April 22, 2018, the Defendant received a proposal from a person in non-name to “be paid 200,000 won per day from a person who lends a e-mail card to a tax issue,” and lent a accessible medium by means of reporting the number of 1,00 won to a person who is not his/her name before the withdrawal on April 24, 2018, Seoul Dongdaemun-gu No. 4, Seoul Dongdaemun-gu, and to a person who is not his/her name, prior to the withdrawal on April 24, 2018, each e-mail card connected to the National Bank Account (B) and the National Bank Account (C).

2. On April 26, 2018, an employee employed in charge of telephone financing fraud (one scaming) in the name of aiding and abetting fraud was introduced to a victim D and an employee in charge of new bank loans by phoneing to the victim D on April 26, 2018, with the purport that “When he/she obtains a loan of KRW 9 million with a card loan with low credit rating, he/she is able to borrow and repay the loan again, he/she shall deposit the loan of KRW 9 million with the designated account with a credit rating, as it is possible to lend the loan up to nine million.”

However, the above-mentioned person did not have the intention or ability to make the loan normally to the victim.

The above person who was unaware of the name was deceiving the victim as above and was delivered five million won to the above national bank account in the name of the defendant on the same day from the victim.

The Defendant, despite being aware that the above account of the Defendant was used for the commission of the phishing crime, lent the above money, and withdrawn the money deposited into the Defendant’s above account with the knowledge of the fact that the above money was the damage of the phishing under the order of the Defendant’s non-scambing, and then withdrawn it from the money deposited into the Defendant’s above account with the Defendant’s 200,000 won and remaining 4.8

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