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(영문) 인천지방법원 2016.09.29 2016고단5315
전자금융거래법위반
Text

Defendant

A Imprisonment for eight months, for six months, for six months, and for four months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Northern District Court on December 15, 2015, and released on June 12, 2016 and completed the execution of the sentence after the said judgment became final and conclusive on July 23, 2016.

[Criminal facts]

1. Except as otherwise expressly provided for in any other Act, no defendant A or B shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for a crime;

On July 25, 2016, the Defendants received a proposal that they would receive 15% of the face-to-face withdrawals from the account holder with a check from the name in the name of the non-person who uses the telegram conversation “H” and then would receive the said proposal.

From the end of July 2016 to August 1, 2016, the Defendants conspired to receive the physical card from the person in default of the above name in the vicinity of the station in Gangnam-gu, Seoul, the Defendants received the order from the third party in the name, and received and retained each of them through the telegram by receiving and delivering the personal card (J) 1, 1, 1, 1, 3, 1, 1, 1, 2-line card connected to the new bank N Account in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the name of K in the face of K in the face of K in the face of K in the face of K in the face of K in the face of K in the face of K in the face of K in the face of K in Korea.

As such, the Defendants conspired to commit a crime and received and stored access media, knowing that they would be used in the crime.

2. Except as otherwise expressly provided for in other Acts, no person who uses or manages any access medium shall borrow or lend any access medium, or store, deliver or distribute such medium, knowing that such medium is to be used for a crime or to be used for such purpose;

The defendant.

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