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(영문) 의정부지방법원 2020.02.26 2019고단3799
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for a term of one year and two months.

No. 12, seized evidence No. 12, from the defendant A, No. 13.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or store, deliver, or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

Nevertheless, if a nameless box (one name C) who is the upper line of the telephone financial fraud organization in China, etc. orders Defendant B to receive the physical card under the name of another person and deliver the money deposited in the connected account using the telegram message, etc., Defendant B notified Defendant A of the contents of the order, Defendant A received the physical card from Defendant A, and the Defendants sent the money deposited in the said account to the upper line in a way that Defendant A withdraws the money deposited in the said account and deposits without the passbook, and the Defendants received 2% of the daily amount in return.

Accordingly, Defendant A received instructions from Defendant B to be used in the crime in front of Gangnam-gu Seoul Metropolitan Government, on August 9, 2019, and received and kept a e-mail card (G) connected to the F Bank account in the name of E from around September 4, 2019, from that time, Defendant A received and stored e-mail card from E, etc. over 11 times, as described in the attached list of crimes, from September 4, 2019.

Accordingly, the Defendants kept the means of access for the purpose of using the crime in collusion with the false names.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of seizure and the list of seizure;

1. Investigation report-field receipt place and time verification of on-the-spot seizure cards, investigation reports-verification of passbook accounts remitted by suspects, investigation reports- analysis of suspect's cell phoness;

1. The application of Acts and subordinate statutes on dialogue between the suspect C and B, the contents of telegram dialogue between the suspect B and the suspect H and B, and the contents of telegram dialogue between the suspect H and B;

1. Defendants of the pertinent Article of the Criminal Act and of the choice of punishment: each of the Defendants.

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