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(영문) 인천지방법원 2017.06.29 2017고단3269
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, the Defendant, as the federal nationality of the Malaysia, received a proposal from “C”, a single book of the Republic of China, “C, while staying in the Republic of Korea one month, would make a 20,000 flag flag (which is equivalent to KRW 5,230,00),” and received an access medium from the Republic of Korea on April 17, 2017 in order to withdraw the amount of the damage caused by the Malaysia, and around April 19:30, 2017, the Defendant acquired the access medium in the name of “E” in order to collect the boxes packed in the Republic of Korea (credit card No. 6) in the name of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs stored in the site arrest photographs and mobile phones;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

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In the case of those who are included in the withdrawn book or temporary organization as the defendant, the case of foreign residents who have no record of domestic crime is increasing.

In light of the distribution and tendency of subordinate participants, the absence of their respective roles, the organizational demand for new applicants and physical color activities, the repetition of so-called “protruding” methods, the inflow of diverse nationality officers, and the conspiracy of crimes committed prior to entry into the Republic of Korea, etc., the sentencing of Bosphishers is different from the treatment of general crimes of a non-systematic or sponsive nature as to the existence of domestic criminal history.

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