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(영문) 인천지방법원 2020.01.10 2019고단8128
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

No person shall, with respect to the use and management of the means of access to electronic financial transactions, borrow or lend the means of access, or keep, deliver or distribute the means of access with the knowledge that such means are to be used for a crime or to be used for a crime, or with the request or promise of compensation

Nevertheless, around October 14, 2019, the Defendant: (a) collected and delivered the e-mail card from the employees of e-mailing employees using the “C” or e-mail conversations; (b) made 70,000 won a daily payment when withdrawing and remitting money using the e-mail card; and (c) made a proposal that the e-mail card would be used for the e-mailing crime; (d) it was anticipated that the said e-mail card will be used for the above e-mail; (e) on November 14, 2019, the Defendant collected and kept the e-company e-mail card (credit number F) in the name of the E-company in the name of an E-bank terminal packed in the south-gu, Seoul Special Metropolitan City of 43,000, 191 through 17, and recorded the e-mail card in the name of another person.

As a result, the Defendant promised to use the means of access for crime and kept the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. The application of Acts and subordinate statutes to the Kakao Stockholm dialogue, the contents of the telegram dialogue, smartphone photophone photographer, investigation report (Attachment of seized physical card photographs) and investigation report (G name H Bank Cze Card Card Non-Seizure);

1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (a means of access to which compensation is promised) concerning criminal facts, and Articles 49 (4) 2 and 6 (3) 3 of the same Act (a means of access that knows that it will be used for a crime) of the same Act;

1. Trade name;

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