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(영문) 인천지방법원 2019.07.26 2019고단3172
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2019No person shall, in using and managing the means of access to electronic financial transactions, lend or lend the means of access, or store, deliver or distribute the means of access with the knowledge of the use thereof for any crime or the use thereof for any crime, unless otherwise specifically provided for in other Acts.

Around May 7, 2019, the Defendant: (a) received a proposal from a person under whose name the name the “C” was used for the conversation name “C” to the account to collect and send the money deposited in the relevant physical card to the account to be known; and (b) received a proposal from the Defendant to the effect that the said physical card may be used for crimes, such as scaming, etc., and then collected 8 copies of the E-bank Card (F) in the name of the E-bank (hereinafter “C”) in the name of the Gangnam-gu Seoul Student 20-ro 20-ro, Seoul, and collected 8 copies from May 9, 2019 to May 9, 2019, with the knowledge that the above physical card may be used for the crime, such as scaming.

Accordingly, the Defendant promised to receive compensation from the above person in bad name and kept the means of access knowing that it will be used for crime at the same time.

In using and managing the means of access, no person may transfer or acquire the means of access to any third person, unless otherwise specifically provided for in any other Act.

On September 9, 2017, the Defendant received the proposal that “a surety loan is necessary because it does not have any credit rating to obtain a loan, and it is possible to lend a passbook or physical card in the name of his family and personal name if it is sent.” On October 2017, the Defendant accepted it, and then opened the E account (I) opened in the name of the Defendant in the name of the Defendant before the Haman Institute located in G on October 2017.

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