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(영문) 의정부지방법원 2021.02.15 2020고단4791
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend, 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.

The Defendant received the check card under the name of the other party from the staff of the Defendant’s phishing operation (tel gram D B) with a telegram message, and withdrawn cash using the check, and then, the Defendant was to receive 3-5% of the amount of the withdrawal from the account notified by the phishing organized members of the foregoing name as allowances.

On April 15, 2020, the Defendant: (a) on April 15, 2020, around 10:59, on the Government of the Gyeonggi-do, kept the name influorous CD’s name-free box CD’s name-free box CD’s name-free box (E) and F’s corporate banking card (G) in custody.

Accordingly, the defendant, knowing that he will be used in the crime, stored an access medium.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (Attachment of seized articles and photographs seized by the person against whom such report is made);

1. Application of Acts and subordinate statutes to a report on investigation (the contents of conversations with a suspect about crimes stored in his/her cell phone);

1. Relevant legal provisions and Articles 49(4)2 and 6(3)3 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) regarding criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include not only the crime of protecting and observing the victims, but also the crime of causing serious damage to many victims in a short period, it is difficult to punish those who led the crime, and structural characteristics are also difficult to recover damage, and the trust relationship of the whole society also has a serious adverse effect, so serious punishment is required for those concerned.

In this case, the defendant.

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