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(영문) 창원지방법원 2018.05.18 2018고단594
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

When there was a need to pay money due to the fact that the Defendants came to know in the Dongdong, Defendant A should pay a fine, etc., the Defendants issued an account to the name dissatisfy who was dissated on the Internet to the name dissatisfy and conspired to have it divided by street when the money was deposited in the passbook.

Defendant

A on September 2017, at the beginning of the Seocho-si, Kim Jong-si, the head and password connected to the post office account (C) in his name, and the head and password connected to the bank account (D). Defendant B around that time delivered to Defendant B via Kwikset’s service, one copy for each account among the physical kwikset cards issued by Defendant A from around the 295 B-dong, Gangseo-gu, Busan, and one copy for each of the above accounts. Each password was sent to Kwikset’s name and each password was notified through Twitter message.

As a result, the Defendants conspired to commit a crime and lent each approaching medium with the knowledge that they will be used.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each statement of E and F;

1. An investigation report (to attach details of passbooks, etc. related to corporate bank accounts);

1. A detailed statement of deposit transactions, data on details of deposits, replys to warrant execution (data, etc. on details of financial transactions);

1. Application of the provisions of Acts and subordinate statutes on the Kakao Stockholm conversation content data, data on the closure of a medium country’s sales, data on the closure of a mobile phone sales, and statutes on the Kakao Stockholm photographing content;

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. In the case of the ordinary concurrent defendants: Articles 40 and 50 of the Criminal Act

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

1. In the situation where telephone finance fraud, Internet goods fraud, etc., which has caused serious harm to our society due to the reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution, still leads to the Defendants.

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