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(영문) 의정부지방법원 2016.11.16 2016고단3160
전자금융거래법위반등
Text

Defendant

A Imprisonment with prison labor of one year and four months, imprisonment with prison labor of 10 months for Defendant B, and imprisonment with prison labor of 8 months for Defendant C.

Reasons

Punishment of the crime

[2016 Highest 3160] Defendant A was sentenced to four months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint assault) at the Daejeon District Court on December 12, 2014, and two years of suspended execution. The above judgment was finalized on December 20, 2014. On January 29, 2015, Defendant A was sentenced to eight months of suspended execution and two years of suspended execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles) at the same court on January 29, 2015. The above judgment became final and conclusive on February 6, 2015, and is currently under suspended execution.

Defendant

A around July 2016, around 2016, after taking over the cash card, etc. from the one who is the cause of the telephone financial fraud organization (F), withdrawn the money with the cash card, and exchanged it to China, and received 500,000 won per day, and made a mixed act, A decided on July 1, 2016 to withdraw money using the cash card from Defendant B and C if he received the cash card and delivered it to Defendant B and C on August 1, 2016.

As above, the Defendants had the intent to withdraw money by acquiring cash cards, etc. as a member of the telephone financial fraud organization from the cash card to transfer money to the telephone financial fraud organization.

1. On August 1, 2016, Defendants A and B obtained a total of 10 cash cards and passwords connected thereto, as shown in the [Attachment Table No. 1-10, such as G’s Bank Cash Card (Credit Card Number H), etc., from a person who was unaware of name, around 205, Dongdaemun-gu, Seoul, Dongdaemun-gu, 201.

As a result, the Defendants conspired to acquire the means of access for electronic financial transactions.

2. On August 2, 2016, the Defendants’ co-principaled Defendants are linked with the cash cards, such as the cash cards, which are connected to the I-U.S. cash cards (the card number J) around the 392 Seoul Han River as the Yongsan-gu Seoul Metropolitan Government Han River.

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