(영문) 서울서부지방법원 2019.11.28 2019고단3341

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(영문) 서울서부지방법원 2019.11.28 2019고단3341

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

In gallon, one copy (C) card of seized B Bank(C) and one copy of the S9 terminal in gallon.

Reasons

Criminal facts

The name unsurged winners (hereinafter “D”) served as a person who instructs other members of an illegal organization, such as Bophishing, to collect and deliver physical cards to be used for a crime, and the Defendant, upon receiving from his name unsurged persons the proposal that “I would pay KRW 80,000 per case of delivery of Kwikset service,” thereby soliciting the Defendant to perform the role of collecting and delivering the physical cards to the withdrawal book.

In using and managing the means of access for electronic financial transactions, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that it is intended to use the means of access for a crime or intended to be used for a crime.

Nevertheless, at around 18:20 on September 16, 2019, the Defendant, in accordance with the direction of the person who was unable to obtain his name, removed and delivered the FF Bank C (G) card in the name of E from 1:0 to H, a withdrawal book, at the entrance of subway No. 2 located in subway No. 1614, Nam-gu, Seoul Special Metropolitan City, the Southern-gu, Seoul Special Metropolitan City, and then delivered or kept nine physical cards, etc. to be used for scaming crimes, such as the list of crimes, from September 20, 2019.

As a result, the Defendant committed an act of keeping, delivering and distributing a means of access in collusion with a person who has no name or will be used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Investigation report (a copy of arrest letter in the I flagrant offender who intends to obtain a card from a suspect);

1. Investigation report (Attachment of a photographic file stored in A or mobile phone);

1. Investigation report (not less than 14 gambling photographs containing cards collected by a suspect A);

1. An investigation report (a description of the fact that a card has been delivered to a suspect A, withdrawal books H - 1,2);

1. Investigation report (specific details of cards transmitted to A and the J for withdrawal);

1. Collection of check cards in the name of K in the investigation report.

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