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(영문) 인천지방법원 2018.04.05 2018고단1381
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 3 through 14 shall be confiscated.

Reasons

Punishment of the crime

The Defendant decided to receive compensation from an employee of the non-name telephone financial fraud fraud through the tele-gram Massen, and received a e-mail card from the card holder to the loan broker, and then deposited money in the account linked with the card, if the money was deposited, 5% of the withdrawn money would be paid from the bank after withdrawal from the bank to the account designated by the above organization manager, and the withdrawal and remittance role as the person in charge of the affairs of withdrawal.

In using and managing access media, no person shall borrow or lend, keep, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for a crime.

On December 2, 2017, the Defendant received and kept a total of 12 physical cards of national bank C (credit number D) in the name in the vicinity of the calendar station in Gangnam-gu, Seoul, the Haguero 156, in order to use them for the phishing crime, and kept them, as shown in the attached list of crimes, in the vicinity of the calendar station in Gangnam-gu, Seoul.

Accordingly, the defendant, knowing that he will be used in the crime, stored an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The suffering and incompetence suffered by the victims who mainly belong to the socially weak due to the death of Bosing organizations, including the Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, was not merely a matter of personal legal interests, but also a pathology which the State is facing.

In order to receive criminal proceeds, the defendant has been carried out under the order of merchant parties.

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