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(영문) 인천지방법원 2017.09.07 2017고단5017

전자금융거래법위반

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

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.

The Defendant is a person who, from May 8, 2017, withdrawn and remitted money with a physical card received from a police officer from June 2017, when he/she received instructions from his/her name in unknown form and received instructions from the Internet search and received orders from his/her name and carried out delivery of the physical card. The Defendant was a person who, from June 2017, withdrawn and remitted money with a physical card from the police officer.

1. On June 20, 2017, when the Defendant kept goods on the second floor in Suwon-si, Suwon-si, the Defendant received and stored one copy of the Saemaul Depository Card (D) in the name of Seoul, which is to be used for withdrawal, and received and kept a accessible medium for the purpose of using for crime.

2. On June 26, 2017, the Defendant received and stored one copy of the E-company bank card (F) to be used for withdrawal from the Defendant’s name, in receipt of the order of the person without the above name, and received and stored one copy of the E-company bank card (F) to be used for the withdrawal, and received and stored access media for the purpose of using for the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement protocol with respect to G and C;

1. A protocol of seizure and a list of seizure;

1. 사진, 위 챗 대화 내역, 수원역 2 층 cctv 자료 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime; Articles 49 (4) 2 and 6 (3) 3 of the Act on Electronic Financial Transactions and the Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Financial frauds, such as phishing, etc., for the reasons of sentencing under Article 48(1)1 of the Confiscation Criminal Act, are often committed not only by the total liability but also by the participation of subordinate officers, such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, and credit card delivery books.