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(영문) 대구지방법원 김천지원 2019.02.12 2018고단1053

사기방조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall, in using and managing the means of access to electronic financial transactions, keep, deliver or distribute the means of access with the knowledge that such access is to be used for a crime or to be used for a crime.

Nevertheless, the Defendant, on August 2, 2018, received e-mail cards and e-mail cards (Account Number F) linked to the account in E’s name and enterprise bank account (Account Number G) from the members of the e-mail operated in order to facilitate the commission of a criminal act by the members of the Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Seizure records;

1. Details of the receipt of each monetary record printed, a digital siren’s message data, and a message for each dialogue;

1. Application of the Acts and subordinate statutes of the International Bank (CCTV);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The Defendant, for the reason of sentencing under Article 32(1)2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, was aware that he/she would be used in the crime, and kept two copies of another person’s physical card.

The Defendant withdrawn or remitted a total of KRW 8.9 million using the e-mail card kept by delivery of the instant crime.

However, the Defendant recognized the entire crime of this case, and is detained for about five months, and is against his mistake.

The defendant.