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(영문) 창원지방법원 2019.10.02 2019고단413
전자금융거래법위반등
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

In using and managing the means of access, anyone shall not engage in any act of lending the means of access knowing that he/she is to be used for any crime.

Nevertheless, on October 2018, the Defendant: (a) sought an explanation from a person who was missing in the name of the police officer in the middle of the 2018, that “the Defendant sent a down-to-face card” with a cell phone from a person who was missing in the name of the police officer; and (b) consented to the explanation that the Defendant sent a down-to-face card; (c) then, in front of the Gyeongnam Kimhae-si, the Defendant packaged one physical card connected to the account (Account Number: D) opened in the name of the Defendant for the purpose of obtaining a loan, and delivered the above physical card to the non-person in the name of the defendant; and (d) notified the password by telephone.

Accordingly, the Defendant knowingly lent the means of access to the crime.

Around November 12, 2018, the Defendant “2019 Man-Ma883” received a proposal that “The F1 Team G team leader of the F1 Team is the one with good credit. We may also grant a loan to a person with good credit: Provided, That it is not good credit and thus, would allow a person with good credit to obtain a loan after raising a good credit by setting up the transaction performance of deposit and withdrawal in the passbook. In order to proceed with the loan, the Defendant sent a copy of the passbook, identification card, resident registration, or an abstract and abstract of the passbook.” On the other hand, the Defendant sent the account number in the H bank account (I) in E language to the person with poor name.

On November 19, 2018, the name-freeist called "the head of K Bank L team, and there is low interest rate of government-funded goods." On the same day, the victim requested the victim to remit KRW 7.5 million to the above H account under the name of the defendant around November 20, 2018, and to withdraw the above money to the defendant and deliver the money to the employees of the non-indicted in his name on the same day.

However, the defendant is the victim J. H. in the name of the defendant.

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