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(영문) 인천지방법원 2019.11.26 2019고단7402

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, keep, deliver or distribute a means of access while demanding, demanding or promising to do so.

Nevertheless, around October 2, 2019, the Defendant received a card under the name of another person (title B) from a person who was named in the name of another person (title B), which is an organization of telephone financial fraud (hereinafter referred to as “singinginging”), and then sent the card to another person under the name of another person, the Defendant promised to receive KRW 6-110,000 per one card, which was designated by the said person, as an allowance, and kept and delivered the card under the name of another person three times as follows.

1. On October 7, 2019, at Gangseo-gu Seoul Metropolitan Government, the Defendant: (a) received and kept a one (credit number E) check from a nameless beneficiary D; (b) around 22:00 on the same day, the Defendant sent the card by means of inserting the card in a “Gra” mail on the sports sub-si F and underground first floor.

As a result, the defendant committed an act of preserving and delivering the means of access in return for compensation.

2. On October 7, 2019, the Defendant: (a) around 20:57, around H apartment I (H apartment), in front of H apartment I, from his/her name-free person, kept a copy of the J-based check (credit number K); (b) on the same day, at around 22:00, the Defendant sent the card by means of inserting it in the mail “GGC” as stated in paragraph (1).

As a result, the defendant committed an act of preserving and delivering the means of access in return for compensation.

3. On October 16, 2019, around 15:53, 2019, the Defendant received a recommendation to provide a physical card from a person in charge of collecting physical cards (M), which is a book for solicitation of physical cards (M), and kept one (M numberO) card in the name of a police investigator who issued a written investigation group, from the police investigator who received the written investigation group.

Accordingly, the defendant committed an act of preserving the means of access in return for compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The records of seizure and the list of seizure;