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(영문) 서울서부지방법원 2019.03.28 2019고단387

전자금융거래법위반

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

Criminal facts

In using and managing the means of access for electronic financial transactions, no one shall borrow or lend a means of access or keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, around March 2018, the Defendant: (a) placed on the Internet Job Seeking Site B (“B”); (b) received a proposal that “the Defendant would pay daily allowances if he/she collected and withdraws cash using the C C check card,” and then, sent it to the Defendant.”

Accordingly, the Defendant, in accordance with the direction received from D: (a) around 08:0 on March 23, 2018, at the time of keeping the “Seong-dong Residents’ Center” in the name of Mapo-gu Seoul, Sungsansan-ro 29-9 (Ynam-dong), one copy of the IBK Enterprise Bank C Card (Account Number: H) in the name of E, one copy of the IBK Bank C Bank C Card (Account Number:J) in the name of E, one copy of the IBK Bank C Bank C (Account Number:J) in the name of E, and one copy of the K L Bank C (Account Number: M:O) in the name of N, one copy of the post office C card (Account Number): (b) in the name of the Defendant’s 208:0 on March 26, 2018; (c) in the name of Gangdong-gu, Seoul, 100 U.S. 25 (Ganam-dong); and (d) in the name of the Defendant’s 25-dong Bank (S.

Accordingly, the defendant kept seven physical cards, a means of access, even though he was aware that they will be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Investigation report (related to a suspect A stuff collection form);

1. Investigation report (to be accompanied by photographs of suspect A, and copies of cash withdrawals) 1.