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(영문) 서울동부지방법원 2018.08.22 2017고단3884 (1)
공갈등
Text

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

Reasons

Criminal facts

[Criminal Records] The Defendant was sentenced to ten months of imprisonment with prison labor on June 27, 2013, on the grounds of forgery of private documents, etc. at the Sungnam support center, and the execution of sentence was terminated on November 16, 2013 (power of repeated crime). On February 14, 2017, the Seoul Eastern District Court sentenced one year and two months of imprisonment with prison labor on the grounds of intrusion upon residence, etc. at the Seoul East Eastern District Court, and became final and conclusive on October 13, 2017 (the concurrent crime after Article 37 of the Criminal Act) / [criminal facts]

1. A person violating the Electronic Financial Transactions Act may not transfer or take over any access medium used in electronic financial transactions, except as otherwise expressly provided for in other Acts, the Defendant, around September 2015, transferred or taken over three-time access medium, such as (1) a crime circulation table, by taking over a physical card of KRW 700,000 to AG, AO’s Y bank account (AP) around the remote distance, Gangdong-gu Seoul Metropolitan Government, and then transferring the said physical card to C at AR coffee stores around that time.

2. The Defendant: (a) had access to a mobile phone and enticed a large number of unspecified men by way of mobile phone-based display application with C, D, E, F, G, H, I, J, etc.; and (b) had the other male in the process of hosting the files containing a malicious code download the file; (c) had the other male in a mobile phone download the files; and (d) had the other male in the conduct of self-defense; and (e) had the other male in the process of hosting the files, and then have the other male in the conduct of self-defense, and distributed the images to the male’s will.

In order to commit the crime of “caming” by intimidation, the body conspireds to commit the crime of “caming”.

C and D, according to the competition around October 2015, prepared a malicious program used to commit the crime of “Physical Camping”, a hard-recording file, a video recording program, and a large-scale passbook to be used for committing the crime. On December 27, 2015, around December 27, 2015, by preparing a computer, etc., the overall planning, implementation, and operation of the crime such as the management of lighting staff and profits.

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