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(영문) 인천지방법원 2018.04.05 2017고단9222
전자금융거래법위반
Text

Defendant

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

Seized Nos. 8 and 10 (Warrant No. 145, 2017)

Reasons

Punishment of the crime

[criminal record] On July 16, 2009, Defendant A was sentenced to five years of imprisonment and two years of imprisonment on April 27, 2016 by the Daejeon District Court for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (special robbery, rape, etc.).

[Criminal facts] The Defendants promised to receive the payment for the withdrawal of cash by receiving the check card from a person in an unsound name.

Accordingly, on December 7, 2017, the Defendants were aware that they would be used in collusion to commit a crime, Defendant B would find out from the person in the name of the Defendant “(including physical card) at the D point in South and North Korea.”

“On December 8, 2017, the following day after receipt of instructions, the Defendants waiting in the vicinity of the above place, Defendant B, Defendant A received the F’s name bank physical card (credit number G), 1 copy of the Nong Bank’s card (credit number I), Ha’s Nong Bank’s physical card (credit number K), 1 copy of the J’s e-mail card (credit number K), 1 copy of the L’s e-mail card (credit number M) and 1 copy of the N bank’s e-mail card (M number) and 1 copy of the N Bank’s e-mail card (credit number P) and 7 copies of the F Bank’s e-mail card (credit number P), respectively.

As a result, the Defendants conspired to keep access media while being aware that they will be used in crime.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Partial statement of the witness B (limited to the defendant A);

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

1. Statement made by the police with regard to F;

1. Protocols of police seizure and list of seizure;

1. 카카오 톡 대화 내역, 위 챗 대화내용자료

1. Photographs of criminal records, such as physical cards;

1. A previous conviction: He asserts that a reply to inquiry, such as criminal history, and a report on investigation (report on the confirmation of repeated crimes) [the Defendants are the sole crimes of Defendant B, and the Defendants did not commit the instant crime in collusion.

Domination, public offering is legal.

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