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A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 1 to 5 shall be confiscated, respectively.
Reasons
Punishment of the crime
On March 2020, the Defendant received a proposal that “The Defendant would pay a certain amount of consideration to a designated account after withdrawing money using a physical card called “B,” which is called “B,” on the Internet via the Seochoman’s Internet. The Defendant received a proposal that “The Defendant would pay a certain amount of consideration when transferring money to the designated account after withdrawing money by using the physical card, which is sent in compliance with the order, from the above officers in the name of the Defendant.”
On November 22, 2016, the Defendant was investigated into violation of the Electronic Financial Transactions Act as the date on which the e-mail card that the Defendant transferred to a person under whose name was not the victim was used for the scaming crime, and was sentenced to the suspension of indictment at the Busan District Prosecutors' Office on February 16, 2017. On November 2018, the Defendant was investigated as a crime of aiding and abetting, and was sentenced to the suspension of indictment at the Gwangju District Prosecutors' Office on April 2, 2019, by withdrawing and delivering the amount damaged by the scaming crime that was transferred to the account under the name of the Defendant according to the instructions of the person under not the name of the victim. As such, the Defendant was aware that the series of the above processes were the typical method of the scaming crime, and consented
1. Violation of the Electronic Financial Transactions Act;
(a) No person who acquires a means of access in any electronic financial transaction shall acquire a means of access in order to make a transaction request in electronic financial transactions or to use and manage the means of access to ensure the authenticity and accuracy of users and the details of such transaction unless otherwise specifically provided for in other Acts;
그럼에도 불구하고 피고인은 2020. 3. 11.경 광주시 광산구 첨단중앙로124번길 24에 있는 첨단2동행정복지센터 민원실에서, 위챗 메신저를 통해 위 성명불상의 보이스피싱 조직원으로부터 지시에 따라 택배를 통해 C 명의의 D은행 계좌(E)와 연결된 체크카드 1매를 교부받아 전자금융거래에 사용되는 접근매체를 양수하였다.
(b)the point of the transfer of a means of access in the F’s name is either on a transaction request or on an electronic financial transaction.