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(영문) 서울중앙지방법원 2019.07.10 2019고단2869
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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, in using and managing the means of access for electronic financial transactions, borrow or lend the means of access or 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.

From April 22, 2018, the Defendant received a check from a person who was unable to identify his/her name (hereinafter “K” under the name of “J”, and “person without a name” (hereinafter “person without a name”) to deliver his/her check in accordance with his/her instructions through J Messen, and then withdrawn cash using the card received in accordance with the instructions of the above person without a name, and then received 2% of the cash withdrawn in return.

However, the cash withdrawn by the Defendant from a linked account with the e-mail card in accordance with the orders of the persons with no name, as above, constitutes a so-called “passing” if the Defendant withdrawss the cash as the victim who acquired it through the crime of so-called “scaming” (tel financial fraud) and then deposits the cash again into another account constitutes a so-called “passing.” The Defendant, while knowing that it will be used for the purpose of crime or for crime, was kept and used by delivery of the c

On May 2, 2018, the Defendant: (a) received and kept one copy of the H Bank Cze Card (I) which is the means of access through home service at L business places located in Seoul (hereinafter referred to as Seoul) around May 2, 2018; (b) around May 3, 2018, the Defendant received and stored one copy of the B Cze Card (C); (c) D Bank Cze Card (E); and (c) F Bank Cze Card (G) through home service at L business places located in Dongjak-gu Seoul, Seoul; (d) around May 3, 2018.

Accordingly, the Defendant, in collusion with the above-mentioned names, received four physical cards, which are means of access, for the purpose of using them for crime, and stored them respectively.

Summary of Evidence

1. Defendant's legal statement;

1.N. The N.

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