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(영문) 서울북부지방법원 2015.07.24 2015고단1959
전자금융거래법위반
Text

Defendant

A Imprisonment with prison labor for a year and two months, for a year of imprisonment for a defendant B, and for a year of imprisonment for a defendant C, respectively.

Reasons

Punishment of the crime

The Defendants, both E and China, committed the so-called “Singing” crime, committed the so-called “Singing,” and went to China on April 12, 2015, and distributed the method of committing the “Singing in China,” and then, they got phone to many and unspecified persons in China, and acquired money by misrepresenting them to the public prosecutor’s office, police, the Financial Supervisory Service, and the lender, and the Defendants conspired to withdraw the amount of damage by receiving the check card, etc. to withdraw the amount of damage from the Kwikset service article upon the direction of E, after returning to Korea.

1. The Defendants were instructed from E to receive physical cards, etc. from Kwikset Service Articles, and around 15:00 on June 2, 2015, the Defendants received from Kwikset Service Articles a letter of FC Bank Cze Card (G) 1, F Agricultural IIC Cash Card (H) 1, and F IBK Bank Cze Card (I) 1.

As a result, the Defendants conspired with E and kept three copies of the means of access for the purpose of using them for crime.

2. The Defendants were instructed from E to receive physical cards, etc. from Kwikset service engineer, and around 17:00 on June 2, 2015, the Defendants received from Kwikset service article one post office card (L) in front of J apartment 101, Seongdong-gu Seoul, J apartment 101.

As a result, the Defendants conspired with E and kept one copy of the means of access for the purpose of using it for crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement to F and K;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. The Defendants of relevant criminal facts: Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act, and Article 30 of the Criminal Act (the custody of means of access for the purpose of using a crime);

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

1. The Defendants: Imprisonment with prison labor;

1. Defendants among concurrent crimes: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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