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(영문) 인천지방법원 2018.03.28 2018고단934
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1, 2, 6 through 15 shall be confiscated, respectively.

Reasons

Punishment of the crime

In using and managing access media, no person shall borrow or lend, keep, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for a crime.

그럼에도 불구하고 피고인은 2017. 1. 15. 경 위챗을 통해 ‘C' 라는 대화명을 사용하는 성명 불상자( 이하 ’C' 이라 함 )로부터 ’ 자금 세탁 아르바이트이다, 매일 인출하는 금액 중 3% 상 당의 금액을 대가로 지급하겠다.

If it is well-grounded, one million won may be punished.

The circumstances that “C” received a proposal and accepted it, and thereafter, “C” received from “C” and received from “C frequently instructed withdrawal of cash,” and that the access media received from “C” was used for the commission of the phishing crime, and that the access media received from “C” was used for the phishing crime.

On January 26, 2018, the Defendant received and kept the C’s C’s C’ for the purpose of using D’s check cards (credit number E) from Kwikset Service Articles, which sent the above “C” in the vicinity of the Dongjak-gu Seoul Metropolitan Government History, for the purpose of committing a criminal act. From that time to January 30, 2018, the Defendant received and kept the access media from the said “C” for a total of five occasions, as indicated in the attached list of crimes, from January 30, 2018.

Accordingly, the defendant, in collusion with the above ‘C', kept access media with the knowledge that the crime would be used.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

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

1. 각 수사보고( 제보자 F의 카카오 톡 대화 내용 및 출력물, 피의자와 보이스 피 싱 상선 ‘C' 와의 위 쳇 대화 내용 및 출력물, 참고인 F 제출 자료 첨부, 메시지 출력물) 법령의 적용

1. Article 49(4)2 and Article 6(3)3 of the Act on the Electronic Financial Transactions and Trade in question, Article 30 of the Criminal Act concerning criminal facts.

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