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(영문) 서울중앙지방법원 2018.11.05 2018고단5898
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

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.

Nevertheless, on September 1, 2018, the Defendant received an OTP device from D, which is a total liability for “Singing-out” fraud, “The head of the Tong (hereinafter “the head of the Tong”) and sent an OTP device by mail, No. 303, E, at the time of Sing-out, by the head of the Tong (hereinafter “the head of the Tong”).

“In accordance with the direction of “,” and in turn, the document bags sent at a above-mentioned place on the same day;

In F. After the collection of the defendant's office in the F in the City of Stitu City, the OTP device, which is a one-time password in the document envelope, shall be taken out.

In doing so, the front and back sides with the user numbers indicated as “Korean bank” were taken and transmitted to D’s mobile phone.

Accordingly, the Defendant, knowing that it will be used for the LAC fraud crime, kept the OTP device, which is an access medium connected to the KAC account of 1005-602-795010, and delivered the user numbers registered with the financial company to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (G hearing statements);

1. 수사보고(‘ 위 챗’ 대화내용관련), 수사보고( 명의자 불상 우리은행 OTP 카드 사진 첨부 관련) 및 각 그에 첨부된 사진

1. Application of statutes on records of seizure and lists of seizure;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. On the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime of this case is an incidental link to various organized financial fraud crimes, such as Bosing, mining, etc., and multiple victims may be charged.

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