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(영문) 인천지방법원 2017.04.13 2017고단1460
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

Nevertheless, on February 27, 2017, the Defendant received and kept one copy of C’s name bank physical card (D) from C before the withdrawal of the Government-dong, 3rd of the Dong Government-dong, in order to deliver it to other Bosing staff, under the direction of the name and non-scam, who is operating the “ Boscing” telephone financial fraud group, through access by the Internet, telephone, etc. to many specific persons, and continuously received and kept one copy of C’s name bank physical card (I) from G before the F hotel located in Yeongdeungpo-gu Seoul Metropolitan Government-si on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. 압수물 사진, 압수된 휴대전화 메시지 및 통화 내역 사진, 위 챗 대화내용 캡 쳐 화면

1. Each existing country under subparagraphs 1 and 2 of the evidence;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, Articles 49 (4) 2 and 6 (3) 3 of the same Act, and the Selection of Imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a storage of an access medium for electronic financial transactions. It is not only detrimental to the trust and safety of financial transactions, but also can be used for various criminal acts, such as singing, etc. due to the crime. However, the nature of the crime is not easy in light of the fact that the Defendant did not have any criminal record other than once a fine imposed on the Defendant.

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