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(영문) 의정부지방법원 2016.11.25 2016고단4393
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

The Defendant received the so-called “singishing crime” and withdrawn cash from the bank account in connection with the card, and then received the cash from the bank account designated by the Bosing Organization to the bank account designated by the Bosing Organization, and received 1% of the withdrawn amount in return.

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on October 13, 2016, the Defendant received and kept a total of 16 physical cards from October 13, 2016 to October 14, 2016, as shown in the list of crimes, by obtaining a total of 16 physical cards, as shown in the attached Table, from October 13, 2016 to October 14, 2016, in accordance with the direction of a person who has failed to obtain (credit card number: D) the name of a telecommunications-based financial fraud-based financial fraud-based financial fraud-based financial fraud-based financial fraud-based organization, which is called Bophishing, which is called Bophishing, which is called Bophishing in front of the error-dong,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Protocols of seizure, list of seizure, and copies of seizure cards (Evidence Nos. 1, 2, and 3);

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 7);

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;

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;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act unfavorable to the reasons for sentencing: The so-called “phishing” crime, which causes significant damage to the victims in a systematic, planned, and unspecified manner as a result of the Defendant’s keeping the check card, which is a means of access, with several cases in order to withdraw fraud damage.

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