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(영문) 서울서부지방법원 2019.08.14 2019고단1813

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 19,20 shall be confiscated from the accused.

Reasons

Punishment of the crime

No person shall keep and deliver a means of access with the knowledge that he/she is to be used for a crime or to be used in such crime.

On May 20, 2019, the Defendant was a citizen of the People’s Republic of China who entered the Republic of Korea through the Incheon International Airport, and accepted a proposal from the above airport to the purport that he/she would collect and deliver another person’s physical card to a designated person, and then would offer money to him/her. The Defendant contacted with the person who used the Internet-based mobile phone domain service display case, “B”, which is an Internet-based mobile phone domain service display case, and committed the following crimes according to the order of “C”.

On May 21, 2019, at around 22:48, the Defendant collected a e-mail card (credit number G) in the name of Yongsan-gu Seoul, Yongsan-gu, Seoul, and the e-mail card (credit number J) in the name of the F issued by the E-bank, which was carried out by the E-C, and the e-mail card (credit number J) in the name of H Union issued by the H Union, and delivered it to the Non-Name on May 21, 2019, approximately one hour after May 23:48.

As such, the Defendant knowingly delivered two copies of the above means of access with the knowledge that it will be used for a crime or used in a crime.

B. At around 23:50 on May 21, 2019, the Defendant collected and kept the check card (credit number M) in the name of the L bank issued by the K Bank, which was carried out by mail in accordance with the above “C” order.

As such, the Defendant knowingly kept one copy of the above means of access with the intent to use it for crime or to use it for crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of the protocol of suspect examination of N in the police;

1. The police seizure record and the list of seizure;

1. The suspect A B conversation photographs;

1. Investigation Report (the execution of a warrant of seizure subject to the financial account trend - Part of the data reply) is applicable to the law.