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(영문) 서울중앙지방법원 2019.10.23 2019고단2800
전자금융거래법위반
Text

1. Defendant A shall be punished by imprisonment for eight months.

2. Defendant B is innocent.

Reasons

No person shall transfer or take over any means of access, such as physical cards and passwords necessary for using such cards, which are means to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of transactions with users and users.

C “E” in the name of “D” means F with a 700,000 won and to acquire a means of access, such as a physical card in F’s name, and the Defendant, according to the direction of G in receipt of instructions from E, offered the above “E” and “E” in succession to acquire a means of access, such as a physical card, from F.

Accordingly, on April 18, 2019, the Defendant received KRW 300,000,000 from G and received plastic bags from F, which consist of 1st and passwords, connected to F’s KB National Bank Account (J) in front of “I” located in Mapo-gu Seoul Metropolitan Government H, and 30:25.

Accordingly, the Defendant acquired the means of access in collusion with the above “E” and “E”.

Summary of Evidence

1. The defendant A's partial statement

1. The police statement concerning F;

1. A protocol of seizure and a list of seizure (a list of evidence, 65, 66 pages);

1. Application of the Act and subordinate statutes to cut down a suspect A C message;

1. The crime of violating the Electronic Financial Transactions Act on the grounds of sentencing under Articles 49(4)1 and 6(3)1 of the corresponding Act on criminal facts, Article 30 of the Criminal Act is not only disrupting the safety and reliability of electronic financial transactions, but also serving as the basis of other serious crimes, such as Bosing fraud, and the defendant's acquisition of the means of access under G's instructions while knowing that G would use the said means for illegal purposes, such as Bosing fraud, etc., with the knowledge that G would use the said means of access for the illegal purposes. However, the defendant is divided into the existing mistakes, and the physical card that the defendant acquired by the crime of this case is merely one copy, and the arrest is only one copy, and cooperation in investigation is made after arrest, and the defendant's age, character, behavior, and environment is other.

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