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(영문) 서울서부지방법원 2019.07.22 2019고단1588

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend, keep, deliver or distribute the means of access with the knowledge that they are to be used for any crime or to be used for any crime unless otherwise specifically provided for in other Acts.

On April 22, 2019, at around 14:00, the Defendant reported the job-seeking advertisement called “electronic device assembly” on the Internet B, set up C languagep as instructed by the winners of the name, and accepted the proposal, accepting the proposal that the Defendant would receive 2% of the total amount of remittance if he/she withdraws money from the bearers who use C-C-C-C-C-C-C-D’s name (hereinafter “D”) after receiving the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-D’s name and then withdraw money to the account notified by the said “D

On April 24, 2019, around 08:59, the Defendant: (a) received an order from F located in Ansan-si, a member of the Gyeonggi-si, to receive the check card from D; and (b) received and kept one copy of the Bank Cze Card (H) in the above F, while knowing that the check will be used for a crime; and (c) received and kept one copy of the Bank Cze Card (H) in the above F, from around that time to May 7, 2019; and (d) received and kept six copies of the check in the attached list of crimes, such as the attached list of crimes.

Accordingly, the Defendant received seven physical cards, which are means of access, for the purpose of using them for crime, and kept them.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Records of seizure and the list of seizure;

1. A report on investigation (influence of a suspect);

1. Details of the I conversation;

1. Investigation report (Attachment to suspect A mobile phone conversations, etc.);

1. Investigation report (Analysis of criminal suspects and D C dialogues);

1. Application of Acts and subordinate statutes to investigation reports (suspect A physical card transfer and storage records);

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

1. The Commercial Concurrent Crimes Act.