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(영문) 의정부지방법원 2016.08.02 2016고단2371
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 keep, deliver or distribute access media with the knowledge that such media will be used for a crime.

On May 2016, the Defendant received a proposal from the top line of “C” to “C,” and accepted cash cards as Kwikset Services, and accepted the proposal that “If cash is withdrawn and remitted to the account designated in accordance with the instructions, the Defendant would have to pay 2-5% of the withdrawn amount with the fee.”

Defendant is aware that it will be used in a crime in accordance with the above order of the merchant boat;

(a) The same year;

6. 11:20 around 17.11:20, Kwikset Service in the front side of Geumcheon-gu Seoul Metropolitan Government, with one copy of the Nonghyup Card under E’s name (the card number F); and

B. Around 13:25, the next day of the 18th day of the 13:25 day, Kwikset service, which received and stored a post office cream card (credit number H) in the name of the Buddhist in the former G, as Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Data of card photographs;

1. Application of the Acts and subordinate statutes on photographic data of conversation;

1. Relevant Article of the Act and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 3 (Selection of Imprisonment with labor) of the same Act concerning the facts constituting an offense;

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

1. In the case of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the defendant has the record of being sentenced to the suspension of indictment for the same kind of crime. C) In particular, the defendant kept the physical card with the knowledge that the method of committing the crime would be used for the so-called " Bosing" crime, which is organized, planned, and intelligent. In particular, from May 25, 2016 to June 18, 2016, when an urgent arrest was made from May 25, 2016, the defendant received a about 10 card through kick service, and deposited money with the account of the said card during the custody, it would be reasonable to view that he received approximately KRW 30 million in cash with the above card, and that he received approximately KRW 1 million in return, and that he received approximately KRW 1 million in the designated account pursuant to the order of the good faith.

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