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(영문) 서울남부지방법원 2020.06.10 2020고단1831
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

[criminal power] On December 15, 2016, the Defendant was released on June 30, 2017 in the Suwon District Court, which was sentenced to one year of imprisonment for a crime of fraud, and the parole period expired on September 4, 2017 during the execution of the sentence. On September 4, 2019, the Seoul Southern District Court sentenced the Defendant to two years of imprisonment for a violation of the Electronic Financial Transactions Act at the Seoul Southern District Court, and the said judgment became final and conclusive on December 6, 2019.

【Criminal Facts】

On January 2019, the Defendant had been aware of the fact that the means of access would be used for crimes, such as phishing fraud, and had been promised to receive 1.8 million won per account and to deliver the means of access.

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, at around 21:01 on February 12, 2019, the Defendant sent each of the means of access listed in the attached crime list to the above bearers through a man who sent the above bearers, including a physical card connected to the IBK Bank Account (F) in front of the “D,” located in Suwon-si, Suwon-si, Suwon-si, and a man who sent the above bearers with each of the means of access listed in the attached crime list.

As a result, the Defendant delivered each means of access connected to 7 accounts with the knowledge that it would be used in crimes such as singishing fraud at the same time to the person who was unaware of the name.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (in the course of collection of intelligence), bankbooks, cards, XTPP photographs, investigation reports (related to field CCTV investigations), CCTV photographs, investigation reports (in the case of a suspect detained by the Seoul Young Military Police Station on March 5, 2019), documents attached thereto, investigation reports (in the case of a suspect detained by the Seoul Young Military Police Station on March 5, 2019), documents attached thereto, investigation reports (in the case of a suspect detained by the Seoul Young Military Police Station on March 5, 2019), investigation reports

1. Previous convictions: Reporting on criminal records and investigation reports by suspects A, and reporting on the confirmation of repeated crimes;

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