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(영문) 서울중앙지방법원 2016.08.12 2016고단2825
전자금융거래법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Nos. 1 through 4 of seized evidence.

Reasons

Punishment of the crime

On May 13, 2016, the Defendants withdrawn the amount of damage remitted by the victims who suffered telephone financial fraud with the Chinese telephone financial fraud organization and the domestic remittance withdrawal account (the former trial held on the charge of violation of the Electronic Financial Transactions Act with only one name F, Incheon District Court's Vice-Support on May 13, 2016), and play the role of withdrawing the amount of damage transferred to the telephone financial fraud organization and transferring it to the telephone financial fraud organization.

Except as otherwise expressly provided for in any other Act, no one shall transfer or take over any access medium, or transfer or take over any electronic card or other similar electronic information to ensure the authenticity and accuracy of the details of transactions with users and users and the users of such electronic information, and passwords, etc. necessary for the use or management of such an access medium, unless otherwise provided for in any other Act or any other Act or shall establish a pledge.

Nevertheless, the Defendants, in collusion with the members of the aforementioned E and China’s telephone financial fraud organization, received through Kwikset service articles the passbook of the bank account (J) in the name of H and the debit card of the new bank account (J) in the residence of Defendant B, 303, in the name of H, around April 21, 2016.

As a result, the Defendants acquired the access media in collusion with the assistants of the telephone financial fraud organizations in E and China.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Each legal statement of witness E and A;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Investigation report (No. 28 No. 5 of the evidence list);

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

1. Defendant B denies the instant crime by asserting that he/she did not know in advance that another person’s passbook or debit card was delivered at his/her own house and that he/she did not completely intervene in the process of taking over the access media.

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