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(영문) 서울중앙지방법원 2020.01.21 2019고단674
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 30, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for the acquisition of stolen goods at the Seoul Western District Court, and the execution of the sentence was terminated on December 24 of the same year.

No one shall transfer or acquire any means of access in using and managing electronic financial transactions unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, along with B, intended to sell the only one opened in the name of the lending company under the name of the lending company, to the operators of the illegal gambling site. The Defendant conspired with B, etc., with the intention of selling the only one to the other party to the sale of the only one, and where necessary, to deliver the only one to the other party, and to exercise overall control over the distribution of the only one, and C, with the intention of opening the account under the name of the lending company, and D, E, and F, with the intention of delivering the only one to the other.

Accordingly, on April 18, 2017, the Defendant promised to make a transaction on the condition that he/she will receive KRW 1 million through KRW 1.5 million in a month from a person who is not the party in whose name the illegal gambling site operator’s name and receive money, money exchange, money laundering of criminal proceeds, etc., and then deliver the fact to B, etc. around that time, and deliver the check cards, passwords,OTP, and authorized certificates connected to the H bank account in the name of H bank (I) in the name of the party in whose name the Defendant received instructions from B, etc., and around April 18, 2017, the Defendant transferred the check cards, etc. to the person in whose name the illegal gambling site was operated in the K coffee shop located in the Gwanak-gu Seoul Special Metropolitan City, and transferred the means of electronic financial transactions over 14 times from December 13, 2016 to May 2, 2017.

Accordingly, the Defendant transferred the means of access to electronic financial transactions in collusion with B, D, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. CDs (i.e., extractment) 1.

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