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(영문) 수원지방법원 2020.07.23 2020고단2253
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no person shall knowingly be used in a crime, or receive, demand or promise the means of access to lease or lease the means of access, or keep, deliver or distribute the means of access.

Nevertheless, around February 25, 2020, the Defendant received a proposal from a person without a name who assumes knowledge of online B site advertising, “C” and “D,” that “I will receive money from another person and withdraw the money from the third person, and then receive three percent of the amount of the withdrawal from the face of the transfer of the passbook,” and accepted the recognition of the possibility of the money that the money withdrawn by another person’s physical card was acquired by fraud. From March 2, 2020 to March 3, 200 of the same month, the Defendant received the same in the name of F community Credit Cooperative (G), HEB Card (I), KB Card (I), and KB Card (Korean JB Card) under the name of the third person (Korean JB Card), and the name of KB Card (Korean National Card) under the name of the third person (Korean National Card), from E, etc. at the location of the inner viewing parking lot, etc. located within the 25th day of the same month.

Accordingly, the defendant, knowing that he will be used in the crime, has promised to keep the means of access.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1.The report on the investigation of seizure records and the list of seizure (afix of seized goods seized by a suspect) and accompanying documents - the application of the Acts and subordinate statutes governing the seized goods;

1. Articles 49 (4) 2 and 6 (3) 2 of the relevant Electronic Financial Transactions Act concerning criminal facts (the custody of a means of access to a means of access to a cost promise) and Articles 49 (4) 2 and 6 (3) 3 of the relevant Electronic Financial Transactions Act (the custody of a means of access to a means of access recognized to use a crime);

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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