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(영문) 서울남부지방법원 2015.05.14 2015고단866
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for one and half years.

A copy (No. 1), 10,000 won of seized No. 310,000.

Reasons

Punishment of the crime

The Defendants, using personal data influencies D, E, F, etc. residing in China, and mobile Kakaox, intended to receive money from many unspecified males as if they were to arrange sexual traffic, and received money from them to be transferred the money, or to make them known to the males who attempted to purchase the money. The Defendants conspired in Korea to receive physical cards, etc. necessary for withdrawing money from D, etc. and to withdraw profits from the crime. The Defendants kept the means of access with the knowledge that they will be used for the crime or for the crime, as follows:

1. At around 18:00 on March 10, 2015, the Defendants: (a) received one copy of G’s e-mail card (credit number : H) from the neighboring area of the luminous Lighting-dong, which sent D et al. through delivery services; and (b) kept it.

2. On March 10, 2015, around 19:00, the Defendants, at the same place, kept a physical card in the name of a person without a name, who sent D, etc. through delivery services.

3. On March 10, 2015, around 21:30, the Defendants kept a cash card (credit number: L) in the name of K, one bank cash card (credit number) and one bank cash card (credit number: card number: M) in the name of K, which was sent by D, etc. in front of the J “J” Ma, via delivery services.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The K's statement;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Articles 40 and 50 of the Criminal Act for commercial concurrence (a crime committed between the crimes committed under paragraph (3) of the same Article);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act are as follows.

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