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(영문) 서울서부지방법원 2016.01.21 2015고단2972
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using or managing access media used in electronic financial transactions, borrow or lend any access medium or store, deliver or distribute such medium with the knowledge that such medium is intended to be used for a crime or intended to be used for a crime.

The defendant, in collusion with the name in a name in order to keep a cash card connected to the Grand Account to be used for the phishing crime.

1. On November 8, 2015, the Defendant: (a) received and retained the Mapo-gu Seoul Metropolitan Government Sungsandong with the knowledge that C would be used for a crime with a view to, or with the knowledge that it would be used for, the purpose of using the KB C’s physical cards (D) under the name of C that C would have a loan from the singing staff of the singish singing staff; and (b) received and sent it to the Defendant.

2. On November 11, 2015, the Defendant received and retained the Internet exchange card (F) in the name of E, and the Saemaul Bank C (G) card (G) in the name of E, which was sent to the Defendant, with the knowledge that it would be used for a crime, or for a crime, in the Gangseo-gu Seoul Metropolitan Government, for the purpose of using it for the purpose of using it in the crime.

3. On November 13, 2015, the Defendant received and retained at Mapo-gu Seoul Metropolitan Government H with the knowledge that I would be used for a crime, or for a crime, for the purpose of using the KB National Master Master Card (J), and the Gwangju Bank Master Card (K) in the name of I who believed I would receive a loan from the singing staff of the singing staff of the singings.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to I by the police;

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

1. Each photograph;

1. Investigation report (to have a witness E and C telephone conversations);

1. Details of each transaction;

1. Application of each case’s comprehensive search legislation

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on the Electronic Financial Transactions, Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty as an alternative penalty;

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