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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
No person shall lend any access medium with the knowledge that such medium will be used for a crime.
In order to obtain a loan in the previous case, the Defendant was placed under suspicion of violation of the Electronic Financial Transactions Act and was placed under suspicion of violation of the Electronic Financial Transactions Act. On October 17, 201, the Defendant was issued a disposition of suspension of indictment at the Incheon District Public Prosecutor's Office, and was subject to disposition of lack of suspicion at the Busan District Public Prosecutor's Office located in the Suwon District Public Prosecutor's Office on August 22, 2012 (Evidence).
On November 2016, 2016, the Defendant: (a) proposed that “The Defendant would lend 3 million won at the interest rate of 5% per month to a lender by telephone from a person in unsound name who misrepresented him/her as a policeman; (b) the Defendant would find it if the Defendant wired the interest accrued from the loan to the account of the physical card issued by the Defendant.”
In light of the abnormal method of paying interest, and the fact that the Defendant already received a non-prosecution disposition on charges of violating the Electronic Financial Transactions Act on two occasions, etc., the Defendant was fully aware that, even if he/she delivers the check card, etc. in his/her name to the above-mentioned person, he/she was unable to commit the crime of fraud by using it.
Nevertheless, around November 7, 2016, the Defendant issued a personal bank account (Account Number: C) in the name of the Defendant at the home dispatch office B located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, via the home dispatch officer.
Accordingly, the Defendant, knowing that it will be used in the crime, lent the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the petition, a copy of the statement, a copy of the electronic financial transfer result, and a copy of the response data of a financial institution;
1. A copy of investigation report (Attachment of a copy of decision) (-a written decision of non-prosecution (No. 28729) shall be made by an inner branch office of the Suwon District Public Prosecutor's Office in 2012;