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(영문) 의정부지방법원 2017.03.29 2017고단654
전자금융거래법위반
Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

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

Nevertheless, Defendant A and Defendant B, who kept a physical card, etc. sent by the said member of the said member of the organization in return for the payment from the personnel in charge of foreign activities, including China, was urged to deposit money to the account notified by the said member of the organization by withdrawing money from the said member of the organization by using the above physical card, etc., and on February 6, 2017, around 22:55, Defendant A and Defendant B received and kept 8 and 2 one head of one bank card under the name of the Defendant, which was an access media, for the purpose of using it for a crime or for a crime in front of the office of large-scale post office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Seoul, for the purpose of using it for a crime or with the knowledge that it would be used for a crime, as indicated in the list of crimes as shown in the attached crimes, such as one.

Accordingly, the Defendant, in collusion with B, kept access media with the knowledge that it will be used for a crime or used in crime.

Summary of Evidence

1. Defendants’ legal statement

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

1. Copies of each police seizure protocol, each list of seizure, check card, etc.;

1. 각 위 쳇 대화내용 (82 쪽, 94 쪽, 118 쪽) 법령의 적용

1. Article 49 (4) 2, Article 6 (3) 3, Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 40 of the Criminal Act for each ordinary competition;

1. Defendant B: Article 62 (1) of the Criminal Act (see, e.g., Article 46 (1) 13 of the Immigration Control Act) (the fact that a foreigner released after having been sentenced to imprisonment without prison labor or heavier punishment is subject to compulsory eviction);

1. The reasons for sentencing under Article 48 (1) 1 of the Criminal Code for the confiscation are as follows: (a) the Defendants confession all of the crimes and repented.

However, there is a difference.

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