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(영문) 인천지방법원 2019.10.31 2019고단6039
전자금융거래법위반등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year and three months, respectively.

Reasons

Punishment of the crime

Defendant

A around August 16, 2019, around August 16, 2019, received a proposal to the effect that “A will pay KRW 30,000 or KRW 50,000 per case to a designated account for withdrawal of cash with a physical card sent by us to deliver work loan documents,” and “I will pay KRW 30,000 or KRW 50,000 per case, only if I withdraw cash with a physical card sent by us to deliver work loan documents.”

1. No person who is aware that he/she is to be used for a crime or to be used for a crime shall borrow or lend a means of access, or store, deliver or distribute a means of access;

Nevertheless, the Defendant received instructions from “D” and “E” on August 22, 2019, and kept the e-mail card (credit card number: H) from a delivery officer in the name-free city F in Bupyeong-si, Bupyeong-si, Busan, the Defendant collected and stored the e-mail card in total of four times from the date to August 23, 2019, as shown in attached Table 1.

2. On August 25, 2019, the Defendants’ co-principal-related Defendants collected the Kakakao Stockholm phone under the proposal made by Defendant A, “D”, and “E” as above, and transferred the passbook, Defendant B would drive the car to collect the location and bank of Defendant A, and Defendant A would collect and transfer the Kakao Stockholm card, but, upon receiving the fee, the Defendants conspired to use the Kakao Stockholm.

No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that such means is to be used for a crime or to be used for such crime.

Nevertheless, the Defendants received instructions from “D” and “E”, and Defendant B around 14:09, around August 26, 2019.

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