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(영문) 서울남부지방법원 2018.07.25 2018고단1116

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The seized Saemaul Treasury passbook (No. 1) and the Saemaul Treasury cash card (a certificate. ..).

Reasons

Punishment of the crime

On January 26, 2018, the Defendant, as a person who had been engaged in the solicitation of passbooks to be used for the commission of the singishing with C, was aware of the fact that the Defendant would be used for the commission of the singishing, after receiving a proposal from the person in an influence of his/her name and being aware of the fact that he/she would be used for the commission of the singishing through the Internet website, he/she was in the E store located in Nam-gu Incheon Metropolitan City, and kept sings containing one copy of the passbooks, cash IIC cards, and security cards connected to the F F’s Saemaul account (G). < Amended by Presidential Decree No. 20720, Feb. 16, 2018>

Accordingly, the defendant kept cash IIC cards, which are access media used in the transaction of financial institutions, knowing that they will be used in the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records (eight pages of investigation records);

1. Application of the Act and subordinate statutes on the list of seizure ( Nine pages of investigation records);

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;