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(영문) 서울북부지방법원 2020.06.11 2020고정99
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 1, 2010, the Defendant received a proposal from the Gwangju District Court to the effect that “When sending the passbook and cash withdrawal card, it would be allowed to get loans,” and accordingly, was sentenced to a fine of KRW 500,000 as a violation of the Electronic Financial Transactions Act on the ground that he/she transferred the means of access under the Defendant’s name. At that time, the Defendant was aware of the fact that the means of access transferred was used in the crime of “Sing”, and that it was illegal to allow others to use the account in his/her name, etc., and that the scam crime is done through another person’s account.

Nevertheless, around February 28, 2019, the Defendant: (a) received text messages, etc. from a person who is not the name of the organization of the criminal organization of the instant crime to obtain loans by raising transaction performance by means of text messages, etc.; (b) Korea should create transaction performance for obtaining loans due to lack of transaction details; and (c) received a proposal from the purport that if she sent money to the current Nong Bank account, she would request to send the said virtual currency to the place of being known after purchasing the virtual currency in the virtual currency exchange after purchasing the virtual currency in the said money, she would be able to receive the loans despite the doubt that it could have been related to the said crime; and (d) received the said proposal from the said person, he/she had attempted to offer the account (Account Number B) in the name of the Defendant.

Accordingly, the Defendant informed the above account number to the Kakaox at the same place on the same day. On March 4, 2019, an employee in charge of the crime committed “Singing”, who could not identify the Defendant, by deceiving C, received KRW 25 million from the above account as the criminal investigation related to the presidential passbook. Since then, the Defendant attempted to purchase the money with the money and send it to the above person under the name of the above party. However, the said account is suspended from payment.

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