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(영문) 전주지방법원 2020.01.07 2019고단1281
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence Nos. 1, 3, 4, 6, 7, and 8 shall be forfeited from the accused.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall borrow or lend a means of access, or keep, deliver or distribute a means of access knowing that he/she will receive, request or promise any compensation, or be used for any crime, unless otherwise expressly provided for in other Acts.

Nevertheless, on July 17, 2019, the Defendant received a proposal from “C” to the effect that the Defendant would offer 2% of the withdrawn money under the pretext of allowances to a certain account if he/she had received a credit card or check with another person’s name and withdrawn money with the card and wired money with a specific account.”

1. On July 23, 2019, the Defendant violated the Electronic Financial Transactions Act, despite being aware that it will be used for an offense in accordance with the orders of the said person without a name, kept the said card in order to withdraw money from the account linked to the two copies of the said card and transfer it to the account designated by the said person without a name, at the E business office located in the former Special Metropolitan City, 07:40 on July 23, 2019, at F bank’s credit card number 1 (the card number, H), and I (the card number, and J).

Accordingly, the defendant has kept the means of access with the knowledge of being used in the crime in return for promising to receive compensation.

2. On July 24, 2019, the Defendant in violation of the Electronic Financial Transactions Act, knowing that it would be used for an offense in accordance with the order of the aforementioned person without the name of the victim, stated in M in M M’s name N-one (credit card number,O) and P’s indictment as “S” in the L Business Office located in K in Y in the following cities: Provided, That it is obvious that it is a clerical error (see, e.g., investigation records) in P’s misunderstanding.

The name Q2 Bank's physical card (the card number, R) was transferred and stored.

Accordingly, the defendant agreed to receive compensation and kept the means of access knowing that they will be used in the crime.

[2019 Highest 1829] Defendant at “B” on the Internet site around July 17, 2019.

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