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(영문) 춘천지방법원 강릉지원 2016.02.19 2016고단48
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver, or distribute any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing access medium necessary for electronic financial transactions.

Nevertheless, from November 30, 2015 to December 30, 2015, the Defendant agreed to take measures to withdraw cash from the phishing frauds. On December 8, 2015, the Defendant: (a) around December 13:00 of Jongno-gu Seoul Metropolitan Government Solar Apartment apartment, the Defendant obtained a national bank cream card under the name of Jongno and its password and kept it for the purpose of withdrawing the amount of damage from the phishing crime; (b) from the above date and time to December 30, 2015, the Defendant obtained a total of 10 c cards and passwords as indicated in the list of crimes, and kept them.

Accordingly, the defendant kept access media for the purpose of using them for crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to documentary evidence of deposit, records of seizure, investigation reports (Attachment of photographs of seized articles), investigation reports ( Results of execution of warrant of search and inspection);

1. The crime of this case on the ground of Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions for the crime of this case, and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions for the Selection of Penalty; the crime of this case on the ground of sentencing of imprisonment is kept an access medium to withdraw the money acquired through Bosing. It is difficult to arrest the entire organization or recover the amount obtained by fraud due to the nature of the crime of Bosing, which is formed in the form of the organization. However, when considering the adverse effect on the whole society of our society, the defendant's liability for the crime committed by Bosing to withdraw the money obtained by Bosing organization for a long time is minor.

It can not be seen, and the amount withdrawn by the defendant.

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