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(영문) 수원지방법원 안산지원 2018.01.18 2017고단3285
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Records] On July 20, 2017, the Defendant was sentenced to imprisonment with labor for a special injury at the Incheon District Court on July 20, 201, and the said judgment became final and conclusive on November 17, 2017.

[Criminal facts] In using and managing access media, no one may transfer access media unless otherwise specifically provided for in other Acts.

Nevertheless, in February 2017, the Defendant would offer 200,000 won from Mongolian's name in a hotel casino located in Gwangjin-gu Seoul Special Metropolitan City, and from a D hotel casino in a place.

“The proposal has been received and accepted, and at that place, the statement was sent to the person under whose name it was named, one cash card connected to the account (Account Number: E) of the Defendant’s name, and the password was 20,000 won in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A certificate of deposit transaction records, a statement of cash deposit and withdrawal, and an application for transaction;

1. A CCTV image-cape photograph and a Kakaoo Stockholm photograph;

1. Report on internal investigation (hereinafter referred to as the Kakao Stockholm subscriber), and report on internal investigation (hereinafter referred to as the Kakao Stockholm IP access);

1. Previous convictions: Inquiries into foreign crimes and criminal investigation records, and application of Acts and subordinate statutes of a report on criminal investigation (Attachment to separate judgments by a suspect);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: (a) the reason for sentencing Article 39(1) recognizes and reflects his mistake; and (b) the instant crime ought to take into account the equity with the case of a judgment simultaneously with the special injury crime for which the judgment as stated in the judgment becomes final and conclusive.

However, the crime of this case may lead to the so-called “phishing” crime, which is highly detrimental to society, and in fact, the crime of this case was committed as the so-called “phishing” crime, and the damage was incurred.

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