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(영문) 서울동부지방법원 2018.05.30 2018고단1063
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidences 3 through 8 and 10 each shall be confiscated.

Reasons

Punishment of the crime

The defendant was known to China in China.

C In order to withdraw illegal money acquired by the remaining conditions in Korea, etc. from e-mail cards, etc. and deliver it to e-mail, it was accepted as a proposal to grant the compensation.

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on February 1, 2018, the Defendant kept physical cards connected to the Agricultural Cooperative Account in the name of E (Account Number:F) from a person who was introduced from the above C (one name D) in a non-defluence area in the name of the non-defluence (one name D).

The Defendant, while knowing that he would be used in the crime as above, kept access media from that time to March 25, 2018, and kept a total of 19 access media, such as the list of offenses, in the same way as the list of offenses, with the knowledge that it would be used in the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each report on investigation;

1. Each reply material of the enterprise bank, one card, national card, national bank, and Korean card;

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

1. Application of Chapter IV Acts and subordinate statutes to another person's account information photograph stored in another person's smartphone;

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. 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. Article 48(1) of the Confiscation Criminal Act [Article 48(1)1 and 2 of the Confiscation Criminal Act shows that the amount acquired through a separate crime was shown to be money, and the seized evidence No. 9 (Tyman transportation card) merely appears to be a means of movement of the defendant, and the evidence submitted by the prosecutor alone does not fall under the ownership of a person other than the criminal.

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