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(영문) 서울중앙지방법원 2015.05.14 2015고단1975
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On March 20, 2015, the Defendant received text messages to the effect that “the solicitation of Kwikset service article may be punished by KRW 50,000 per case, KRW 300,000 per day, and may be punished by KRW 500,000 per day,” which is called “Skwikset service article,” from a person who was the principal offender of the telephone financial fraud, called “Sksetching,” and tried to transport the means of electronic financial transactions in accordance with the direction of the above person who was named.”

On the other hand, the Defendant was aware that the aforementioned text messages are related to Bophishing, since the Defendant had four deposit passbooks, cash cards, etc. opened in the name of the Defendant, following the foregoing Bophish text messages, and such text messages are related to Bophishing.

Nevertheless, around April 1, 2015, from around 15:00 to 17:00, the Defendant received the check or cash card, which is an electronic financial transaction means, from the above non-member of Kwikset service, and received the order from the above non-member of the name, to deliver it under four copies of the electronic financial transaction means, and received the new bank check in the name of C, the bank check in the name of D, the bank check in the name of E, the bank check in the name of Korean bank, the bank check in the name of E, and the bank cash card in the name of F.

Accordingly, the Defendant knowingly kept the means of access to electronic financial transactions as seen above, while being aware that they will be used in the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the examination of partial police officers of the accused;

1. A written extradition;

1. Records of seizure and the list of seizure;

1. Application of statutes to copies of written opinions, such as cases violating the Electronic Financial Transactions Act;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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