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(영문) 의정부지방법원 고양지원 2020.01.22 2019고단3041

사기등

Text

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

Seized evidence 1 to 11 shall be confiscated.

Of the facts charged in the instant case.

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 or use a means of access for a crime, or borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that they are to be used for a crime.

Nevertheless, around October 2018, the Defendant received the means of access under the direction of the person who was aware of the Internet site search and received the cash card from another person’s account in which money related to illegal sports gambling is deposited and the USB where an authorized certificate is installed, and received and delivered the money from the account, and tried to withdraw and deliver the cash after receiving the means of access according to the order of the person who was unable to receive the said name.

On January 1, 2019, the Defendant received money from the non-member of the E Association in Gangseo-gu Seoul Metropolitan Government, and kept the cash card connected to the G Bank account in the name of Kwikset Service and the cash card connected to the Kwikset Bank account in the name of Kwikset Bank and the Kwikset Bank account in the name of Kwikset Bank and the cash card connected to the Kwikset Bank account in the name of Kwikset Bank. From around that time to October 19, 2019, the Defendant received and promised to receive the means of access in the total of 11 accounts and kept them for the purpose of using them for the crime at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports (I search), investigative reports (the search, etc. of J-Vehicles), and investigation reports (the details stored in the USB that has been seized);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 49(4)2, Article 6(3)2 of the Electronic Financial Transactions Act (which means of access to a means of access to a cost), Articles 49(4)2, and 6(3) of each Electronic Financial Transaction Act regarding criminal facts and the choice of punishment.