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(영문) 인천지방법원 2019.06.13 2019고단2714

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

While residing in Malaysia, the Defendant came to retain means of access, upon receiving a proposal from a person under whose name the contact was made through B job offer advertisement, and entered the Republic of Korea around February 16, 2019, and subsequently, entered the Republic of Korea through the “C” of the Smartphone Mack Mack (hereinafter “C”), and accepted the proposal that “I would make money to withdraw money with the card and transfer money to the designated account” from the person under whose name the “D” was used through the Mack Mack Mack(C).

1. On April 14, 2019, the Defendant promised to keep the means of access in return for consideration, such as receiving and keeping two copies of the physical card in the name of another person, such as a new bank card (credit number F) in the name of the deceased, and a Daegu Bank Cream Card (Credit Number H) in the name of G, in the name of the deceased.

2. On April 16, 2019, around 10:43, the Defendant promised to keep the means of access by receiving and storing five copies of the physical card under the name of another person, such as 354, 1, 354, 1, 1, 1, 1, N’s e-mail card (credit number No. m. m. m. m. m.) in the name of the J, 2019, 1, 1, 1, 1, 1, 1, 1, 3, 5, 3, 5, 5, 3, 1, 1, 1, and R’s e-mail card in the name of another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to C dialogues of a Suspect);

1. Criminal facts;