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(영문) 춘천지방법원영월지원 2020.12.22 2020고단465
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

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 June 23, 2020, the Defendant received a proposal from a name-free person to “to lend a loan after checking whether he/she is a normal card if he/she sent the check.”

On February 2, 2020, the Defendant: (a) was aware of the fact that, in response to the proposal that he/she would not grant a loan, he/she could be used for committing an offense such as singing, etc. in cases where he/she transferred a cam card to the scamee without permission, in response to the proposal that the cam card would be transferred to the scamee without permission.

Nevertheless, on July 2, 2020, the Defendant accepted the proposal of the person in distress as above, and then delivered a physical card connected to the account in the name of the Defendant to the B Bank (C) account in the name of the Defendant at the rental post office located in the 70-ro of the facilities rental-type, Pyeongtaek-gun, Seoul Special Metropolitan City, which was located in the 70-ro of the facilities rental-type.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The defendant asserts that he was not aware of the fact that he was used in the crime of the investigation report (the attachment of suspect AKakao Stockholm photographs), investigation report (the attachment of related case records), and the accompanying documents only exceed the cream card in order to obtain the loan.

However, on February 2020, the Defendant transferred a physical card to a person with no name to obtain a loan from the instant crime on or before four months prior to the instant crime, and the relevant account was used for the Bophishing crime, and the suspension of indictment is imposed on the charge of violating the Electronic Financial Transactions Act.

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