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(영문) 서울중앙지방법원 2019.10.23 2019고단5709
사기방조등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 6 above shall be confiscated from the defendant.

Reasons

Punishment of the crime

[Relationship with the Defendant] On July 8, 2019, the Defendant received an instruction from the Defendant’s name omitted to the effect that “the Defendant would withdraw and transfer money by searching for the cream station in order to keep the cream station in Seoul Gwanak-gu, Seoul and then withdraw money,” and the Defendant intended to take charge of the so-called “written withdrawal” that the Defendant would withdraw and deliver the money if the Defendant transferred the money from the cream station to the account connected with the cream card, and that the Defendant would transfer the money from the cream station to the account designated by the cream station in order to keep the cream station in accordance with the instructions given by the cream station.

【Criminal Facts】

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 with the knowledge that such means will be used for a crime or for a crime;

A. At the end of July 2019, the Defendant found a e-mail card from the person who was not the deceased’s name, and received instructions from the Defendant to keep the e-mail card, and saved a e-mail card connected with C’s securities (Account Number E) within the goods storage box located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

B. The Defendant, around August 12, 2019, via B Messenger from the above non-name beneficiary.

Upon receipt of such instructions as described in paragraph (1), the Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Dok Card Nos. 1 and e. 1 and e. e. e. e. e. e. e. e. F. F. F. bank account (Account Number L) connected to the G Bank account in F's name.

Accordingly, the defendant kept the means of access with knowledge that it will be used for crime purposes or crime.

2. On August 17, 2019, the person who was named for false assistance shall be the victim.

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