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(영문) 인천지방법원 2019.08.28 2019고단4671
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall issue a transaction request in electronic financial transactions or keep, deliver or distribute a means of access used to secure the authenticity and accuracy of users and the details of such transaction by receiving, requesting or promising the consideration therefor, or keep, deliver or distribute a means of access with intent to use it for a crime or knowing that it is to be used for a crime.

On June 2019, the Defendant: (a) received a proposal from a person who was unaware of the name of the singishing organization (C. D; E; “E”), which he/she became aware of through Internet B car page posting, to “on the face of delivery by collecting a physical card in the name of another person and delivering it to a designated place, the long distance per case shall be KRW 10,000,000,000,000,000 won per case; and (b) received and delivered the means of access.”

On June 27, 2019, at around 14:10 on June 27, 2019, the Defendant received an abnormal person in the name of F at the Kimpo Airport Cargo Office in Gangseo-gu Seoul Metropolitan Government, and around 21:42 on the same day, the Defendant delivered a new bank body card (credit number (credit number) with J’s name in front of H apartment I at the H apartment I road in Gangseo-gu, Gangseo-gu, Gangwon-do, and around 01:50 on June 28, 2019, the Defendant sent the above body card to the third party in a manner of raising an abnormal person on the top of the convenience store in the Gyeonggi-gu, Seoul, the Defendant kept the name of the organization and delivered it to the third party and the third party in the name of the means of access as stated in the attached Table 1 to July 4, 2019.

Accordingly, the defendant delivered and kept the means of access to electronic financial transactions even though he is aware that he will receive compensation and will be used for crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and photographs of seized articles;

1. The photo of the n-registered bank's physical card;

1. The investigation report (No. 4,7) and the investigative co-offenders.

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