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(영문) 인천지방법원 부천지원 2016.05.31 2016고단739
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for one year.

Seized evidence Nos. 2 through 16 shall be confiscated by Defendant A.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium for electronic financial transactions, knowing that such medium is to be used for a crime or to be used in such crime.

Nevertheless, the Defendants, as a member of the so-called “Skseting” organization operated by a person in unsound name, kept cash cards, etc. illegally collected by another organization member, through Kwikset service, and were transferred to the above cash card by another organization member as a criminal act of “Skseting,” with intent to immediately withdraw the cash and deposit the cash into the account received order. On April 1, 2016, the Defendants kept the personal bank check (the card number: E) in the name of Kwikset service provider in the name of Gwanak-gu Seoul Special Metropolitan City and 13 copies of the cash card as indicated in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the suspect by each prosecutor against the Defendants

1. Report on the results of digital evidence analysis;

1. Records of seizure, list of seizure, and photographic materials of seized articles;

1. 채 증한 사진 자료, 위 챗 채팅 내역 사진 자료, 피의자 A 휴대전화 메시지 출력물 법령의 적용

1. The Defendants of the relevant criminal facts: Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Confiscation Defendant A: The crime of this case committed by the Defendants on the grounds of sentencing under Article 48(1)1 and 2 of the Criminal Act is planned and organized against many and unspecified persons, and the so-called “singing,” which leads to the massing of the victims, and the crime of telephone financing fraud, such as “sing,” is not very good.

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