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(영문) 서울중앙지방법원 2015.08.07 2015고단3517
전자금융거래법위반
Text

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

Seized articles of incorporation 1 through 8, 10 and 10 shall be confiscated.

Reasons

Punishment of the crime

On May 2015, the Defendant: (a) received a proposal from C, the principal offender of the telephone financial fraud called Mascing, “Scing”, “I will receive a delivery containing the card at the address known to him and deliver it to the sender; and (b) would allow him to withdraw money with a card and a password from the person to return it to him/her; and (c) would be punished by a million won for a month in which he/she would deposit money without a passbook.” (d) At the direction of C, the Defendant had the intent to withdraw money remitted from the victims of the telephone financial fraud in cash or re-transfer it to a foreign country.

At around 19:30 on June 11, 2015, the Defendant: (a) sent the direction of the Ecafeteria, i.e., i., i., e., i., e., g., i., e., g., i., e., g., i., e., i., e., i., e., i., i. e., i. e., h.; (b) i. e., h.; (c) i. e., h.; (d) i. e., h.; and (e., i. e., h.; (d) i. e., h.; and (d) ii) g., i. e., h., i. e., h.

Accordingly, the defendant kept the means of access to financial institutions with knowledge that they will be used in crime.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. 위쳇대화내용, 거래명세표사본

1. Police seizure records;

1. Application of each statute on photographs;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense (a point of keeping access media);

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is acquiring the money of the victim by means of the so-called Bosing method.

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