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(영문) 부산지방법원 2017.01.11 2016고단6837

전자금융거래법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant assumes the position of the employee of an unspecified lending company and ice out loans, etc., and withdraws the money that a person in a nameless from the telephone financing fraud organization that receives money from the victims through the telephone financing fraud from the automatic machine, and then takes the role of withdrawing the money from the bank account of the third person to the bank account of the third person.

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

Nevertheless, around 16:00 on October 17, 2016, the Defendant received instructions from the Home Stacker (O) and his name in front of the Home Stacker (hereinafter “E”) located in Gyeyang-gu Incheon, Incheon, and kept the cash card (H) connected to the FF’s bank account (G) for the purpose of using the said telephone finance fraud crime, and kept it for the purpose of using it for the crime by receiving six copies of the cash card, which is an access media, in total six times from around that time to October 24, 2016, including the following:

Accordingly, the Defendant kept six copies of cash cards, which are access media, for the purpose of using telephone financing fraud as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (related to the filing of printed materials of suspect smartphone contents), investigation report (report on the confirmation of the results of tracing the details of the account), and investigation report (report on correction of crime sight list);

1. Application of Acts and subordinate statutes on seizure records;

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. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;