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(영문) 부산지방법원 2015.08.27 2015고단4484
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

No person may keep a means of access with knowledge that he/she is to be used for a crime or to be used in such crime.

On June 2015, the Defendant accepted a proposal, “C, waiting at a designated place, and sent it to Kwikset Service, and conducting a balance check with the physical card received when informed of the password, and then notified the result thereof, and then, notified the account linked to the C Card to be deposited into the designated account as ordered.” The Defendant accepted the proposal, “I would like to withdraw the deposit and pay the deposit if the deposit is made to the designated account.”

On June 26, 2015, the Defendant received and kept one physical card connected to the numberless account sent to Kwikset Service, which was waiting at the order of “C” at the Gangnam-gu Seoul Cheonggu Office building, and then received and kept all 5 physical card or passbook during the period from around that time to July 9, 2015, as shown in the attached list of crimes.

Accordingly, the defendant kept the means of access with knowledge that it will be used for crime purposes or crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Kakao Stockholm photographs (A and C hostings), photographs of seized articles, the details of messages, and the telephone conversations;

1. Application of Acts and subordinate statutes to each investigation report (No. 9, 14, 15, 19 of the evidence list);

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

1. Of concurrent offenders, 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 Criminal Act is not merely keeping the means of access used for the Bosing crime, but it is confirmed whether it is possible to withdraw money, and if a normal account is confirmed, it is deemed that the act of withdrawing money and delivering it to accomplices.

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