beta
(영문) 인천지방법원 2020.08.27 2020고단5795

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 5 shall be confiscated.

Reasons

Punishment of the crime

피고인은 2020. 6. 1.경 인터넷을 통해 알게 된 성명불상자(위챗 대화명 ‘B’, ‘C’)로부터 ‘다른 사람의 체크카드를 전달받아 그 카드에서 현금을 인출한 다음 지정해주는 계좌로 무통장송금을 해주면 수당을 주겠다’는 제안을 받고, 이를 승낙하였다.

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation;

Nevertheless, on June 3, 2020, the Defendant collected and kept a copy of the E-Bank Card (F) in the name of E-bank around June 3, 2020, as well as a collection and custody of the E-Bank Card (F) from around that time to June 9, 2020, as shown in the attached List of Crimes (1).

Accordingly, the defendant has kept the means of access while promising compensation.

2. No person who violates any Act on Real Name Financial Transactions and Guarantee of Secrecy shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of law;

Nevertheless, on June 9, 2020, the Defendant entered the resident registration numbers of “G”, which is another person who was known by the person who was unable to use the ATM machine, in the name of “G” and transferred KRW 720,000 to the corporate bank account (Account Number I) in the name of “G”. On the same day, the Defendant transferred KRW 2,160,000 in total over three times, such as the list of crimes in attached Form 2(2) on the same day.

Accordingly, the Defendant made a financial transaction under the real name of another person for the purpose of concealing illegal property, washing money or evading the law.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (No. 4 through 6 No. 5 of the evidence list), such as the protocol of seizure and the list of seizure, the list of search reports (Attachment of photographs attached to seized articles), cell phone restoration data, etc., shall be applied.