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(영문) 수원지방법원 안양지원 2018.01.23 2017고단1873
사기방조등
Text

A defendant shall be punished by imprisonment for one year.

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. On May 18, 2017, between 12:00 to 13:00 on May 18, 2017, the Defendant leased a physical card, which is an access medium connected to the bank account of the name of the Defendant, to the name-oriented person via the delivery (one-person Kwikset Service) of the Obaba in front of Mapo-si, Mapo-si (one-person Kwikset Service).

On May 17, 2017, the above-mentioned person who has no intention or ability to make a loan by raising credit reputation, the fact is possible to make a loan from a national bank to the victim E, regardless of the absence of an intention or ability to do so.

“To send a text message,” and then, to approve the loan, the victim, who was called the phone, called “F to be a member of the National Bank,” must raise credit criticism to the above victim.

In order to raise credit reputation, it is necessary to obtain a loan from a well-known Savings Bank and repay the loan again, and make loans of KRW 10,000,000 to Korea Bank D.). On May 19, 2017, it was transferred KRW 10,000 to the account (D) of the above Defendant’s name from the damage victim.

Accordingly, even though the Defendant was aware that he would use the account in the name of the Defendant for committing the crime of fraud, the Defendant, with the knowledge that he would have been using the account in the name of the Defendant, aided the Defendant by providing a physical card connected to the account opened in the name of the Defendant, to a person with no name, and by deceiving the victim so that he would receive money as above.

2. No person shall borrow or lend any access medium while receiving, demanding or promising any consideration in violation of the Electronic Financial Transactions Act;

Nevertheless, on May 18, 2017, the Defendant lent a e-mail card from a person who has no name to receive KRW 2,100,000 in return for the lending of the e-mail card for three days. Between 12:00 and 13:00 on the same day, the Defendant is linked to the account of the bank of the name of the Defendant in the name of the deceased person via the delivery of the e-mail in front of the Makset ("Makset Service").

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