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(영문) 의정부지방법원 2016.05.04 2016고단76

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

No person shall keep and deliver any access medium with the knowledge that such medium will be used for a crime.

Nevertheless, the Defendant, from June 24, 2015, received 100,000 won a day from the non-scam service provider, who became aware of the Internet website’s bulletin board from around the Internet site’s “Abmon” bulletin board, and received cream cards from Kwikset Service Articles or door-to-door engineers, and sent them again to the Defendant’s side, and he was aware that cream cards were used for committing the crime, such as “Scing,” etc., and around 11:00 on July 23, 2015, the Defendant was in possession of the cam cards containing the cam cards.

C) One Postal Bank Account (D) and one Postal Bank Account (F) in the name of the Dong-gu Seoul Metropolitan Government, respectively, shall be delivered and kept, and around 13:00 of the same day, the digital complex shall be sent and kept in custody a e-mail card (H) account in the name-free store in the digital complex from G in the name-free e-mail store located in Guro-gu Seoul Metropolitan Government. On the same day, around 14:42 of the same day, at the front side of the "J Building" located in Eunpyeong-gu Seoul Metropolitan Government, K Kwikset's Account (L) from K's name-free Kwikset's Account and kept one e-mail card with the knowledge that it will be used for the crime, thereby the Defendant kept four e-mail cards, a medium accessible to electronic financial transactions, respectively.

Summary of Evidence

1. Defendant’s legal statement

1. Statement protocol concerning G of each police suspect interrogation protocol against E, K, and G;

1. Application of Acts and subordinate statutes to photographs, such as police seizure records and list of seized articles;

1. Article 49 (4) 2 of the Act on Electronic Financial Transactions and Article 6 (3) 3 of the same Act 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 with labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.