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(영문) 창원지방법원 2020.01.21 2019고단3773
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a foreigner of the nationality of Malaysia who entered the Republic of Korea around November 10, 2019.

On November 10, 2019, the Defendant received a proposal from an employee of the telephone financial fraud assistance operator in his/her name and accepted the proposal to the effect that “The Defendant would pay approximately KRW 8,000 (one hundred and twenty five hundred and twenty five hundred and twenty hundred and twenty hundred and twenty hundred and twenty hundred and twenty hundred and twenty hundred and twenty thousand and one hundred and twenty and twenty hundred and twenty hundred and twenty hundred and twenty hundred and twenty hundred and one day shall be delivered to the bank account (D) in the name of the above organization, and the Defendant received the e-mail card (E) connected to the e-one bank account in the name of the above organization B from the above organization, at around November 11, 2019.

Accordingly, the defendant has kept the means of access while promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Cut photographs of the contents of a arching;

1. Application of Acts and subordinate statutes to the photograph of cash withdrawal;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The act of keeping the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the scam crime, and there is a high need for strict sanctions against the act of taking the means of access, under the circumstances where the scam crime, which has caused serious harm to our society for the reason of sentencing under Article 48(1)1 of the Criminal Act.

In addition, the defendant's age, career, character and conduct, motive of crime, circumstances after crime, etc. and various circumstances shown in the trial and records shall be determined as ordered.

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