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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no one shall request or lend a means of access used in electronic financial transactions while providing, demanding or promising such means.
1. On November 12, 2019, around November 12, 2019, the Defendant received a proposal from a person whose name misrepresenting that he/she is an employee of a financial institution to the effect that “to have him/her borrow a cost amount of 10 million won by stockpiling a false transaction performance, and to have him/her sent a passbook.” On the same day, the Defendant sent a passbook connected to the Defendant’s bank account (D) from Namwon-si, Namwon-si, the Defendant’s residence on the same day, and notified the said person by telephone of the secret number of the bank account.
Accordingly, the Defendant promised to borrow the means of access in return for the benefit of future loans.
2. On November 14, 2019, a person who could not know the name of the lending of the means of access, such as the means of access as described in paragraph (1), from the criminal defendant, assumes that he/she is an employee of a financial institution, and makes a false statement to the effect that he/she would make a loan to E at a low interest rate if he/she redeems existing loans, and that he/she would do so, he/she had E transfer the total sum of KRW 30 million to the account of a bank as listed in paragraph (1) in the name of the criminal defendant.
On the other hand, as described in paragraph (1), the Defendant visited “G” located in the Namwon-si, Namwon-si on November 14, 2019 and terminated the said C Bank account, and transferred the cash deposited in the account of the terminated C Bank to the newly opened account while opening a new C Bank account in the name of the Defendant.
At around 12:00 on November 14, 2019, the Defendant had a contact that “it is possible to borrow a loan by accumulating the transaction performance only from a person whose name was unknown.”