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(영문) 수원지방법원 2019.02.12 2018고단6792
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

On October 26, 2012, the Defendant sent a physical card, which is a means of access, to a person under the pretext of receiving a loan, was investigated as a case where the account connected with the card was used for the crime of Bosing fraud and was suspended from indictment on October 26, 2012, and was aware that the means of access is used for the crime of Bosing fraud if it was delivered to another person.

Nevertheless, the Defendant, at the end of August 2018, listened to the word “B” from a person under whose name the Defendant misrepresented “B” company, and sent the e-mail card to verify the daily limit of withdrawal,” and around August 29, 2018, the Defendant sent the e-mail card, the means of access to the e-bank account (F) in the name of the Defendant at the “D” insurance agency located in the e-bank C, where the Defendant works, and notified Kwikset of the account number and password.

Accordingly, the defendant knowingly delivered a means of access to a name-free person with knowledge that it will be used in crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of a detailed statement of deposit transactions and loan-related documents;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has committed the instant crime even though he/she was sentenced to the suspension of indictment for almost similar contents to the instant case.

Defendant is aware that at least it is intended to use it for illegal loans, and the Defendant has delivered a check card, etc.

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