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(영문) 부산지방법원 서부지원 2017.06.28 2017고단508
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

On May 4, 2017, the Defendant accepted a proposal that “I will offer KRW 200,000 per day if I will deliver the cash cards under another person’s name to another person after receiving them from a person who was aware of through the Internet site’s “B” (so-called “D”) and then deliver them to another person.”

Defendant was aware of the fact that the above person’s name was related to the phishing crime, and was well aware of the fact that the cash card that the Defendant received was used for the crime such as phishing.

At around 17:50 on May 16, 2017, the Defendant: (a) received one copy of the cash card (F) of an E company bank in the name of the E, which was delivered through express buses, from the Ulsan-gu bus terminal located in Ulsan-gu, Busan-ro 288 (Ulsan-dong), and kept in custody on the same day, at around 19:00, the Defendant received two copies, such as the G bank card (H) and the cash card (I) in the name of the G bank in the name of the Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do, and 133 (Ulsan-dong).

Accordingly, the defendant kept access media with the knowledge that it will be used for a crime or used for a crime in collusion with a name in an infinite person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. 수사보고( 위 챗 메신저 내용 사진)

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on the Electronic Financial Transactions, Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) is serious as well as serious social hazard to the phishing crime, commonly difficult IPs are used, and the crime of Bosing is committed in the case of Bosing crimes using Bosing passbooks.

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