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(영문) 서울서부지방법원 2020.01.08 2019고단3706
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, the above punishment against Defendant B.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend, keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

1. Defendant A, who is a national of Malaysia, shall enter Korea to complete gambling and take part in the crime of Bohishing with intent to contact with the person who was unable to participate in the crime of Bohishing (C) and withdrawn cash after receiving the check in accordance with the instructions of the person who was unable to receive the check and deposit the check in a designated account again.

around 11:48 October 15, 2019, the Defendant received instructions from the above “D” that he would receive a check from the Plaintiff at least 47 opening 40-ro 47-o-ro, Guro-gu, Seoul, and received six physical cards from around 11:58 to 12:20 on the same day at the same location, and received six physical cards as indicated in the following table:

As a result, the Defendant, in collusion with the employees in charge of scaming, kept the means of access used in electronic financial transactions with the knowledge that it would be used for crime.

No. 1 IBK Company EF 2 IBK Company G H 3 IJ L L 4 L MN 5O P P 6RS under the name of the bank name card holder.

2. Defendant B, upon receiving a proposal from Defendant B, who was aware of his job seeking on the Chinese website called “U,” that “I would give 3% of the amount of remittance if I remitted the e-mail card to an account in which I would withdraw and notify the cash in a designated place. I would like to accept the proposal that “I may impose a penalty of KRW 40-6 million per day, KRW 800-9 million per month, and KRW 80 million per month,” and intended to draw cash by using the e-mail card in accordance with the direction of the person who was not entitled to receive the above e-mail, and then to play a role of “written withdrawal” in which I would deposit the e-mail card again.

The Defendant from the above “V” around 13:00 on October 15, 2019.

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