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(영문) 서울중앙지방법원 2018.10.25 2018고단5352
전자금융거래법위반
Text

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

Seized evidence Nos. 1 to 474, 488 to 493, 495 to 499 each confiscated evidence.

Reasons

Punishment of the crime

B, C, D, and nameless winners recruited people in charge of the opening of the bankbooks, such as E, F, and G, and ordered the opening of the passbooks by using the documents of the old-age corporation established through the nominal lender (hereinafter “the old-age passbook”), and conspired to lend the passbooks to the needy who need the old-age passbooks for committing the crime such as illegal sports gambling, etc. and pay the proceeds thereof. On July 2018, the Defendant knew that they were used for the crime with the knowledge that they would be used for the crime with the awareness that they were kept the access media, such as the old-age passbooks and cash cards.

No person shall keep access media with the knowledge that such media is to be used for a crime or to be used for such crime.

1. On August 2, 2018, at around 13:30 on August 2, 2018, the Defendant stored in the vehicle, according to B’s instructions, again stored an access media, such as cash card and USB in which a certified certificate is stored, to transfer or lend to a third party, as shown in attached Form 1, such as (L) one cash card in the K bank account in the name of J (J) and one copy of the K bank account, etc. on the I Lasta car auxiliary seat in which the Defendant was in operation.

As a result, the Defendant conspired with B and kept each of the above approaching media with knowledge that they will be used in the crime.

2. The defendant who has been kept in his/her residence from July 6, 2018 to the same year according to B’s instructions;

8.2. From around 16:30 to around 16:2, it again stored access media, such as passbook, cash card, OTP card, USB, etc. in the name of the Defendant in Seoul, Gangnam-gu M and N, Seoul, which had been leased and resided together with B, to transfer and lend to a third party via B, as shown in attached Form 2, such as the cash card in the name of the P bank account ( Q) located in the name of the Defendant, and other similar media, such as passbook 2.

Accordingly, the defendant, in collusion with B, kept each of the above approaches while being aware that they will be used for crime.

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