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(영문) 인천지방법원 2020.08.07 2020고단4556

전자금융거래법위반

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence Nos. 14 and 15 shall be confiscated.

Reasons

Punishment of the crime

On September 21, 2019, the Defendant posted an advertisement to recruit a physical card collection book to be used for committing Bosing crimes from the total book (hereinafter referred to as "one-name B") of an irregular Bosing organization, which was known at the Chinese Cheongdo on September 21, 2019, and offered a proposal that he/she will engage in the same work, such as consulting with the contactee, and entered the Republic of Korea on March 27, 2020.

No person shall knowingly use or manage a means of access used in electronic financial transactions, or borrow or lend a means of access for the purpose of using it for a crime, or keep, deliver or distribute a means of access.

Nevertheless, on April 18, 2020, the Defendant collected and released the TPP card from the above “B” to withdraw the damage amount from the TPP, and then received a proposal to the effect that 2% of the withdrawal amount from the face-to-face transfer from the passbook transfer to the designated account, and accepted it, on May 18, 2020, at around 19:17, the Defendant collected and kept 13 copies of the CP as indicated in the attached list of crimes.

As a result, the Defendant had the means of access known to be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The crime of having the means of electronic financial transactions while being aware that it will be used for the purpose of sentencing under Article 48(1) of the Criminal Act should be strictly punished in that the means of access, such as scam, can be used for a very large amount of social harm such as scam.

Although recognizing that the defendant is illegal, the defendant is illegal.