beta
(영문) 의정부지방법원 2019.05.17 2019고단1040

전자금융거래법위반

Text

Defendant

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

However, the above judgment is delivered to the defendant B.

Reasons

Punishment of the crime

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

Nevertheless, the Defendants: (a) in accordance with the direction of a person who was named as a "Singing" organization, including China, to receive the means of access from the holder of the means of access to be used for Bosing and withdraw cash; (b) in order to deliver the cash to Bosing organization; (c) around 12:04 March 7, 2019, Defendant A received the F Bank Body Card (G) in front of the 2nd Dong-ro 1, Dongdaemun-gu, Dongdaemun-gu, Seoul, for the purpose of using in withdrawing the cash deposited in Bosing from the 2nd Dong-ro, Dongdaemun-gu, Seoul, with the aim of using in delivery of the F Bank Card (G), while Defendant B while being accompanied with Defendant A while being aware of this, kept the means of access, while being accompanied to Defendant B, and had the same for the purpose of using in Bosing 10:00 on March 6, 2019 to March 7, 2019.

As a result, Defendants conspired to keep and deliver a means of access with the knowledge that they will be used for a crime or used for a crime.

Summary of Evidence

1. Defendants’ legal statement

1. Legal testimony by J of a witness;

1. Each police officer and each prosecutor's interrogation protocol against the Defendants

1. Statement to J police officers;

1. Details of each K dialogue and C dialogue;

1. Application of existing Acts and subordinate statutes of evidence of subparagraphs 1 through 12, seized;

1. Defendants of the pertinent Act on criminal facts: each of the Defendants is subject to Article 48(4)2 of the Electronic Financial Transactions Act.