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(영문) 서울서부지방법원 2017.05.11 2017고단595

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

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

피고인은 중화 인민 공화국( 이하 ‘ 중국’) 국적의 조선족으로 국내에 거주하고 있는 모친을 방문한다는 이유로 2017. 2. 17. 경 국내 입국하여 체류하고 있던 중, 2017. 2. 19. 경 스마트 폰 메신저 프로그램 인 큐 큐 (QQ )를 통하여 중국 청도에 거주하고 있는 조선족 C로부터 “‘ 장( 보이스 피 싱에 사용되는 금융기관 인출카드를 가리킴)’ 인출을 해 보겠느냐

The four is to recover money deposited in Korea by receiving the head.

6% of the withdrawn amount shall be paid as profit.

“The proposal has been received and accepted.”

On February 20, 2017, at around 21:50, the Defendant received and kept a total of four copies of the National Card (Linked Account Number F) in the name of E from his non-offenders in the front of Geumcheon-gu Seoul Metropolitan Government D, through Kwikwikset Service, and received and kept a total of four copies of the National Card (Linked Account Number H, Account Number H, and Account Number J) in the name of G, and one post office card (Linked Account Number J).

Accordingly, the defendant received and stored access media with knowledge that it will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of the investigative report (the list Nos. 6,9,15 of evidence);

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 imprisonment with prison labor chosen;

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

1. The act of violating the Electronic Financial Transaction Act through the storage of an access medium, such as the main reason for the punishment of Article 62-2 of the Social Service Order Act, plays an essential role in securing the tools to acquire the deception of the crime of Bosing “ Bosinging”, a representative social malicious, and there is a need for strict punishment. The Defendant, even though being aware that he was used for the criminal of Bosing, should receive a Bosing’ card and keep it with the physical card, shall be subject to criticism, and the crime is committed.