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(영문) 서울서부지방법원 2019.09.18 2019고단2313
전자금융거래법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for one year and ten months.

Defendant No. 12 of seized evidence.

Reasons

Punishment of the crime

Defendants are foreigners of their nationality in the People's Republic of China; Defendant A entered into the Republic of China on December 17, 2017 and entered the Republic of Korea on March 27, 2018; Defendant B entered the Republic of Korea on May 13, 2017 and entered the Republic of Korea on August 11, 2017; but the Defendants did not depart from the Republic of Korea for the sake of the duration of stay and did not depart from the Republic of Korea.

1. In using and managing a means of access, no person may borrow or lend a means of access, or store, deliver or distribute a means of access in receiving, demanding or promising any compensation therefor;

On June 2019, the Defendant received a proposal that “D” would take place KRW 100,000 per day when collecting and delivering a card from “F” to contact with the Chinese meta, and accepted the proposal.

On July 5, 2019, around 11:15, the Defendant: (a) received the direction of “F” and delivered the withdrawal books, such as B, by collecting 6 physical cards in the name of G from H body cards (I), and under the direction of “F,” at around 10:15, the Defendant kept 7-ro 7-gil, Yeongdeungpo-gu Seoul Metropolitan Government Forest Community Service Center goods storage boxes at the Forest Community Service Center No. 97, Jul. 2, 2019, as shown in attached Table 1.

7.5. Until May 1, 200, he collected 17 physical cards under the name of another and delivered them to the withdrawal books B, etc.

Accordingly, the Defendant delivered a total of 17 copies of the means of access in collusion with the above “F” and others.

2. Defendant B

A. The defrauded’s name-dissatisf requires the victim to transfer money by misrepresenting himself/herself to a financial institution, and the name-dissatisf who uses “F” is given instructions to the Defendant to receive a circulation card or withdraw cash on the condition that he/she receives KRW 240,000 per day, and the Defendant: (a) received another’s card from the Defendant on the condition that he/she would receive KRW 240,000 per day; and (b) withdrawn cash; and (c) subsequently, the period of deposit without a passbook to the victim.

(i).

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