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(영문) 서울중앙지방법원 2016.09.21 2016고단3395

전자금융거래법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

Defendant 1 through 7 of seized evidence.

Reasons

Punishment of the crime

Defendants are Chinese visitors who enter the Republic of Korea with their short-term visit status.

No person shall keep, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used in such crime.

Nevertheless, the Defendants received a e-mail card linked to the account of another person used for Bosing (hereinafter “Sing account”) between I and I, which is the cause of the organization of telecommunications financing fraud (hereinafter “ Bosing”), and offered to receive a daily payment from I as soon as the damaged person deposits the money into the said account (hereinafter “damage”).

1. On May 11, 2016, the Defendants jointly committed the crimes of the Defendants: (a) around 17:40 on May 11, 201; (b) around 33 Mapo-gu, Seoul Mapo-gu, Mapo-gu, 2; (c) from the J, the Defendants sent by I one e-mail card (L) 1 in the name of K and one e-mail card (M) in the name of the Saemaul Treasury in the name of the name of the deceased; and (d) recorded one e-mail card (one n, one n, and the Saemaul Treasury e-O) notified in advance by I on each of the cards; and (e) kept the said cards with the aim of immediately withdrawing the amount of damage from the account connected to the said cards.

Accordingly, the Defendants kept access media for the purpose of using them in collusion with I.

2. Defendant B, based on the above public offering, received 14:40 on May 12, 2016, from the above J, one copy of the Agricultural Cooperative Co., Ltd. No. 1 and one copy of the Agricultural Cooperative Co., Ltd. No. 1 and R’s Agricultural Co., Ltd. No. 1 and one copy of the Agricultural Cooperative Co., Ltd. No. 1 for the same purpose as the preceding paragraph.

Accordingly, the defendant kept access media for the purpose of using them in collusion with I.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of the witness B;

1. Defendant A, respectively.