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(영문) 대전지방법원 천안지원 2017.03.23 2017고단413

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who works as a real estate brokerage assistant.

No person shall, unless otherwise expressly provided for in other Acts, lend or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for such crime.

Nevertheless, on February 6, 2017, the Defendant consented to the withdrawal of cash using a personal check from a person with no name to a third person and to give money in return for remittance if he/she wants to remit it, following the receipt of a proposal from a person with no name;

2. 7. 15:35 On the top of the Dong-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si, the Defendant received and stored access media, such as D’s physical fitness cards (E), F’s physical fitness cards (G) and passwords, and H’s physical fitness cards (I) and passwords.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. Records of seizure, lists of seizure, and photographs of check cards;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The crime of telephone financing fraud, including the following: (a) the reason why the sentence of imprisonment with prison labor chosen is imposed; (b) the act of taking part in the act of taking part not only in the total liability but also in the act of subordinate staff such as withdrawal, remittance, solicitation of bankbooks, and credit card delivery; and (c) in order to eradicate such crime, the act of taking part in the act of taking part in the act of taking part in the act of taking part in the act of taking part in and obtaining access to the means of taking part in the act of taking part in the act of taking part in the crime; and (c) the Defendant actively took part in the act of using

However, the defendant is wrong.