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(영문) 인천지방법원 2019.11.22 2019고단6430

전자금융거래법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

1. In using and managing a means of access, no person who has obtained, demanded or promised to receive or lend a means of access, or keep, deliver or distribute a means of access, unless otherwise specifically provided for in any other Act;

On August 5, 2019, the Defendant received the proposal that “if he delivers the check card to a designated place with the delivery of it, he/she will pay KRW 6-110,000 for each region,” and accepted the proposal. At around 00:48, August 7, 2019, the Defendant received and kept one copy of the Gbank Card (the card No. H) card in the name of Guro-gu Seoul, Guro-gu, with the name of the deceased, from September 16, 2019 to September 16, 2019.

Accordingly, the Defendant committed an act of keeping means of access while receiving or promising compensation.

2. Defendant B

(a) No person who violates any Act on Real Name Financial Transactions and Guarantee of Secrecy shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism, evasion of compulsory execution, and other evasion of law;

On August 8, 2019, the Defendant received a proposal that “If the Defendant remitted money to an account given instructions by using another person’s name, he/she would pay 3% of the remittance amount as allowances if he/she remitted money to the account given instructions after withdrawing the money by using another person’s name, which was known after withdrawing it by means of a card in the name of another person.”

However, on September 2, 2019, the Defendant was present at an investigative agency on the ground that “The account (Account Number J) in the name of the Defendant was used for the criminal act of Bophishing,” and was investigated for the violation of the Electronic Financial Transactions Act.