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(영문) 의정부지방법원 2016.11.24 2016고단3778
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

No one shall keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

The Defendant received a proposal from a person with no name (one name D) to pay 3% of the withdrawn amount if he/she had withdrawn, delivered, or remitted the amount of damage caused by telephone financial fraud, and had the withdrawal amount receive the means of access, such as the passbook, card, etc. to be used for committing the crime at the bus terminal, etc., and had him/her play the role of so-called "the total amount of money to be returned" so that he/she may withdraw the amount of damage and make the amount of money not paid.

From August 9, 2016 to August 12, 2016, the Defendant: (a) had E, a withdrawn book, receive from F, a credit card delivery book, for the purpose of withdrawing damages from a corporate bank, from the Gwangju Seo-gu Integrated Bus Terminal, as located in Gwangju Seo-gu, 932; and (b) had E, as indicated in the attached list of crimes, keep the total amount of 19 e-mail cards and two e-mails for the purpose of withdrawing damages.

Accordingly, the Defendant, knowing that he would be used in committing a crime in collusion with E, kept the means of access as above.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police suspect examination protocol against E; and

1. 각 위챗 대화내역

1. Application of Acts and subordinate statutes on account information, additional financial information, and details of transactions;

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

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. The reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing under Article 48(1)1 of the Confiscation Act requires the Defendant to keep the physical card and passbook, which is the means of access, in several cases, in order to withdraw the amount of fraudulent damage, and the Defendant was the so-called withdrawal liability managing the withdrawal measures of E, etc.

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