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(영문) 광주지방법원 2016.10.20 2016고단2287
전자금융거래법위반
Text

Defendant

A Imprisonment with prison labor for one year, for ten months, and for one year and six months, and for defendant D, respectively.

Reasons

Punishment of the crime

No person shall keep or deliver the means of access, etc. of electronic financial transactions, knowing that such transaction is intended to be used for crimes or committed.

Defendant

A, Defendant B, and Defendant C, despite being aware that they are passbooks and cash cards to be used in committing fraud, performed the role of delivering cash cards, etc. from the nominal holder to a third party, by receiving 10 to 120,000 won per case. Defendant D, despite being aware that they are cash cards to be used in committing fraud, did not receive cash cards and then intended to play the role of withdrawing cash cards and again delivering cash cards to a third party.

1. Defendant A and Defendant B

A. On June 2, 2016, the Defendants conspired and received 8 copies of the cash card sent by account holders to door-to-door from each nationwide area at the Gangnam-gu Seoul Metropolitan bus consignment collection center, and then sent the means of electronic financial transactions by inserting the means of access, according to the direction of the “F”.

B. On June 3, 2016, the Defendants conspired to deliver the means of access to electronic financial transactions, following the receipt of four cash cards (number omitted) by account holders from each nationwide area at the Gangnam-gu Seoul Metropolitan Government Cargo Collection Center, and according to the direction of the said “F”, the Defendants sent the means of access to a housing mail in G in the Gyeonggi-Nam-gu Incheon Metropolitan City, which is located in G according to the direction of the said “F.”

2. Defendants A, B, and C

A. On June 7, 2016, the Defendants conspired to receive two cash cards (number omitted) sent by account holders from each place across the country at the Gangnam-gu Seoul Metropolitan Government cargo collection center, and then put them into a housing mail in Gyeonggi-nam-si G in accordance with the direction of the said “F”, and then conduct electronic financial transactions.

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