beta
(영문) 서울중앙지방법원 2020.05.11 2019고단8628

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall borrow or borrow the means of access for any crime, or keep, deliver or distribute the means of access knowing that such means are to be used for such crime, unless otherwise specifically provided for in any other Act;

Nevertheless, on June 2019, the Defendant issued a proposal to the effect that “the Defendant would deliver the goods to the Defendant,” from the Defendant’s name singingingman, it was known that it was a delivery of the cream card to be used for the crime of singing, and that it was an delivery of the cream card.

After that, around June 3, 2019, the Defendant: (a) taken a d bank body card in the name of a person whose name cannot be known on the off-site B Apartment C, Osan-si; (b) sent a d bank body card in the name of a person who was unable to know his name on the street near the subway Station located in 180, Gangnam-gu, Seoul; and (c) sent a d bank body card in the name of a person who was unable to know his name on the street near the subway Station located in Gangnam-gu, Gangnam-gu, Seoul, to the d bank body card in the name of a person who was not known on the street; and (d) delivered a d bank body card in the name of a person who was unable to know the name on the street;

Around June 4, 2019, the Defendant continued to keep a f physical card (credit card number G) in the name of a person who was unable to know his name in the street near the Dong-dong in Yangju-si and kept it in custody in order to deliver it to the singinging staff in the name of a person who was unable to know his name in the street.

Accordingly, the defendant kept and delivered the means of access, knowing that they will be used in the crime.

2. No one 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, money laundering, financing of terrorism, evasion of compulsory execution, and other evasion of law;

Nevertheless, the defendant's name was omitted on June 4, 2019.