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(영문) 서울동부지방법원 2013.08.28 2013고단1705
전자금융거래법위반
Text

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

Seized evidence1 through 6 shall be confiscated from the accused.

Reasons

Punishment of the crime

Unless otherwise expressly provided for in any Act, the defendant shall be deemed a Chinese nationality ship entered the Republic of Korea on January 2013, and no one shall transfer or acquire the means of access in which the user numbers, etc. registered with a financial institution or electronic financial business operator are stored.

Nevertheless, the Defendant, along with a person using the separate name of "C" (hereinafter referred to as "C"), "one cash card (credit number: H: card number) and one cash card (1) and one cash card (i.e., card number and one cash card (i., card number): one card number and one cash card (i.e., card number) and one cash card (i., card number): one and one cash card number (i.e., one) in the name of Busan District Office (i., one) in the name of the head of the Tong to take the role of realizing the transferor of the means of access, such as passbook. (ii) On July 10, 2013, the Defendant sent the above mail to the Republic of Korea through Kwikset service articles, and (iii) on July 14:45, 2013, and (iv) in the name of the head of the Tong to the Republic of Korea.

Accordingly, in collusion with the above "C" and "a man with the beginning of 30 primarys", the defendant acquired three cash cards from the above E and F, in collusion with the above "C" and "a man with the means of electronic financial transactions."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Seizure records;

1. Application of each statute on photographs;

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

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act for forfeiture, there is a high possibility of being used for telephone fraud crimes (tentatively referred to as “singing”) in which the instant crime is committed closely, artificially, and systematically and systematically.

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