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(영문) 의정부지방법원 2017.01.20 2016고단4510
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

그럼에도 피고인은 채팅 어 플 리 케이 션인 위챗에서 ‘C’ 라는 닉네임을 사용하는 성명 불상 자로부터 ” 퀵 서비스로 보내주는 체크카드를 찾아 현금을 인출하면 인출금액의 1.5%를 주겠다.

The proposal was received and accepted to the effect that it was "."

On October 18, 2016, at around 09:30, the Defendant: (a) sought a box containing a physical check from the housing located in the Dongjak-gu Seoul Metropolitan Government Newcompion Control Area; and (b) stored one copy of the post office physical check card (D) in order to withdraw cash in accordance with the order of the person without the above name.

In addition, the Defendant, from that time until October 19, 2016, kept the total nine copies of the physical card in the name of another person in the same three times in total, such as the list of crimes in the attached Table, from that time until October 19, 2016.

Accordingly, the defendant has kept the approaching media while promising the consideration.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Each protocol of seizure by the police;

1. Kakao Stockholm dialogue;

1. 위 챗 대화 사진

1. Application of Acts and subordinate statutes on each copy of a card;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is a crime related to the so-called “Ssinging,” which has a very great social harm. In light of the fact that the defendant received certain profits and keeps the access media of this case, the quantity of the physical card in custody becomes nine or more, and that it is necessary to punish such crime even in order to eradicate the Bosing crime.

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