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(영문) 부산지방법원 2019.08.14 2019고단2609
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

On January 23, 2019, the Defendant received a proposal from a person who assumes a false name called “B agent” to send a physical card for the purpose of repaying the principal and interest of the loan at low interest.

On June 10, 2011, the Defendant issued a summary order of KRW 1 million on June 23, 2015, since the account linked to the above physical card was discovered on the wind used for the crime of Bophishing, and the Defendant was suspended from indictment due to the violation of the Electronic Financial Transactions Act at the Seoul Northern District Prosecutors' Office on June 10, 201, and it was found that the transfer of the physical card was discovered on the wind used for the crime of Bophishing, and that on June 23, 2015, the Defendant received a summary order of KRW 1,00,000 from the Busan District Court as a violation of the Electronic Financial Transactions Act by transferring the number of account holders or the physical card to the public so that it can be used for the purpose of deposit, it was recognized that it was used for the crime of Bophishing, etc.

Nevertheless, the Defendant, as seen above, accepted the proposal of a person without a name, who assumes the “B agency” as above, and, around 12:00 on January 23, 2019, sent one physical card connected to the name of the Defendant’s bank account (Account Number: E) to Kwikset service article.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes on verifications of the results of electronic financial transfer, and Mesens sales;

1. Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts

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