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(영문) 인천지방법원 부천지원 2018.05.24 2018고단734
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

No person shall take over any medium access to electronic financial transactions.

The Defendant recruited with C to invite a borrowed-name account (hereinafter referred to as the “defed-name account”) and collect 120,000 won per account, and conspired to deliver it to the name influor (hereinafter referred to as “D”; hereinafter referred to as “name influor”) residing in China. On June 15, 2016, the Defendant acquired a physical card (credit number: E) of the Saemaul Bank’s account in the name in the name influorous name name in the second apartment around the Green Samsung Samsung Samsung-si, as ordered by C to receive instructions from the name influorous-name in the name influorial church located in the name in the name in the name in the city of Gangseo-si, Seocheon-si (170,000,000 in the name in the name in 170,000, in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. 수사보고 (A, H, 대포 통장 유통 책 간의 관계에 대하여), 수사보고 (H, A, I, C 통화 내역 분석), 수사보고 (C 소유 대포 폰 위 챗 채팅 내역 및 통화 내역에 대하여) 법령의 적용

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. In light of the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes: (a) the instant crime is committed in collusion with C by the Defendant by taking over and delivering the access media to be used for the crime of Bosing; (b) the quality of such crime is not very good; (c) the fraud damage caused by the crime of Bosing is considerably serious; and (d) the criminal committing the crime of violating the Electronic Financial Transactions Act is both committed by transferring the access media from the suspicion of the crime of Bosing, thereby committing the crime of violating the Electronic Financial Transactions Act.

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