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(영문) 서울서부지방법원 2019.10.23 2019고단2367

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

The defendant is a foreigner of Chinese nationality who has no fixed occupation.

In using and managing the means of access to electronic financial transactions, no one shall keep, deliver or distribute the means of access knowing that such means are to be used for a crime.

On June 2019, the Defendant received a proposal from “B” (hereinafter “B”) to “to provide KRW 50,000 per case if packaging materials are delivered according to the instructions,” which was known to the Defendant through “B,” which is the site for job offering and job seeking, and received the proposal, and was aware that it would be used for the crime in accordance with the instructions of the above person who was named in the name of the deceased.”

At around 14:40 on June 5, 2019, the Defendant partially revised the facts charged in the indictment without changing the indictment to the extent that it does not cause any substantial disadvantage to the Defendant’s exercise of the Defendant’s right to defense, and at around 20:30 on the same day, the Defendant received one check (I) connected with G’s H bank account in the name of G from the F restaurant in front of the F restaurant in Michuhol-gu, Incheon, under the direction of the above person under his name, and then again delivered one check card (I) to Bohishing L under the direction of the above person under his name in front of the K convenience located in the Gwangjin-gu, Seoul Special Metropolitan City.

As a result, the Defendant, in collusion with the employees in charge of scaming, delivered the means of access with the knowledge that it would be used for crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Examination protocol of the suspect of G by the prosecution;

1. Copy of a protocol of suspect examination of L;

1. The following circumstances acknowledged by the dialogue between L and M dialogue D, the physical card photographs transmitted by L from L to A, and the photographic evidence of L to A transmitted by L to the upper line, i.e., the defendant shall receive KRW 50,000 per case, and the defendant shall be sealed from G according to the direction of the person who has no name.