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(영문) 서울서부지방법원 2019.07.09 2019고단1492
전자금융거래법위반
Text

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

Attached physical cards (Nos. 1 to 5) shall be confiscated, respectively.

Reasons

Criminal facts

No person shall, in using and managing the means of access for electronic financial transactions, borrow or lend a means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for any crime or to be used for any crime, unless otherwise provided for in any other Act.

At the end of March, 2019, the Defendant, who joined the card collection book of the Telephone Financial Fraud Group, proposed the duty of collecting cash from a nameless person who uses B-C's name, and was aware that the same day is related to the same crime. However, from the 15th day of the same month, the Defendant was willing to withdraw the money deposited in the account after receiving the card collection book from the card collection book and then withdraw the money deposited in the account known to E and transfer it to the account known to E.

On April 25, 2019, around 10:30, the Defendant received instructions from Kwikset service article to deliver a card from Kwikset service article to withdraw the amount of damage, and at around 10:45 on the same day, the Defendant kept the bank body card in the name of G (H), I company bank check (J), I company bank check (L), and one bank check (M) in the name of K.

As a result, the Defendant received four copies of the physical card, which is a means of access, for the purpose of using it, and kept them.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of seizure of each police;

1. Application of D’s message or B’s message legislation

1. Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 3 of the same Act concerning criminal facts: Each Article 49 (4) 2 of the same Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Confiscation: The same record of the defendant and the defendant are different for the reason of sentencing in Article 48(1) of the Criminal Act.

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