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(영문) 서울중앙지방법원 2015.04.01 2015고단938
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

One (No. 5) on the seized LG mobile phone phone shall be confiscated.

Reasons

Punishment of the crime

In order to avoid the crackdown between investigation agencies and financial authorities, a new financial fraud organization, such as singing, acquires the means of access to electronic financial transactions under another person's name through the "passbook solicitation" composed of braille systems, and uses it for crimes.

On February 2, 2015, the Defendant received a proposal to deliver goods to be used for committing a crime from an unwritten investigator who became aware of through the Internet website and conspired in order to play a role of delivering them again after receiving the means of access, etc. on a daily basis.

On February 12, 2015, the Defendant received an order from the above early 22:45, in Gwangjin-gu Seoul Special Metropolitan City, that “I will send things to the place where I will deliver the things through Kwikset Service and inform you of the place where I will deliver the things. When you receive things, I would receive a delivery of the passbook in the name of D, F, F, F’s credit card (G), and H’s Busan Bank Postal Card (I) through Kwikset Service.

As such, the Defendant acquired the means of access in collusion with the investigating staff in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

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

1. Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act and Article 30 of the Criminal Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include: (a) the Defendant has no record of committing any other crime except a disposition suspending indictment; (b) his/her mistake is deeply divided and reflected; and (c) the Defendant does not have much frequency of having taken over the means of electronic financial transactions; and (d) the benefit acquired therefrom is relatively little.

However, the act of taking over the means of electronic financial transactions is not only impairing the safety and reliability of electronic financial transactions, but also so-called.

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