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(영문) 서울서부지방법원 2019.10.16 2019고단2716
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 5 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality.

In using and managing the means of access, no one shall receive, demand or promise any compensation, or borrow, keep, deliver or distribute the means of access knowing that it is intended to use it for a crime or is to be used for a crime, unless otherwise specifically provided for in other Acts.

On July 29, 2019, the Defendant accepted a proposal that “I would pay more money than the previous revenues if I want to collect and deliver a card” from a person who was named in the name of crowdfundingB, and received the instructions from the person who was not entitled to receive the said name cards, and collected the check or cash card in the name of another person by moving the card to a specified place, and then was willing to deliver it to another person or to keep it at a specified place in accordance with the instructions.

On the other hand, the defendant paid a small amount of money when the card issued by the non-person without his name is normal, and it is sufficient to deliver it to the last user in the form of delivery, but it is not common to collect and deliver it through the same person as himself, while paying a low amount of money in the process of collecting and delivering it. It is not common to do so. The defendant takes the method of automatic deletion after making the above-mentioned person's name, telephone, mail, etc. in the process of collecting and delivering the card in a confidential manner.

The following facts are that it is not normal to delete the cards collected according to the direction of the person without the name, or to transmit the cards to the person without the name, by entering the toilets, etc. which are not open to the public, or by affixing the photographs, and the act of using the cards by another person who is not the nominal owner by obtaining the cards in the name of another person in the form of door-to-door type such as this case is abnormal, and therefore, the card user is not normal.

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