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(영문) 서울북부지방법원 2015.07.16 2015고단1119
전자금융거래법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A, under the direction of “E,” a single-name financial fraud offender in China, offered to deliver a withdrawal note to the withdrawal book and offered to receive KRW 100,000 won per case, and, on April 1, 2015, the Defendant, on April 1, 2015, sent a letter of access to the means of access, with the knowledge that it would be used for committing a crime by acquiring one SK Card (G) under the name of B, which is delivered by the Kwikset service engineer in the name of Sikwikset Service (G).

2. Defendant B received a proposal from “H”, which is a single financial fraud offender in China, that “if he/she lends the physical card, etc. to use it to distribute taxes, he/she would offer KRW 2 million per month.” The Defendant did not confirm the specific personal information of the above H or the location of the office, etc., and did not determine the specific time, place, method of return of the physical card, etc., and did not determine the specific time, place, and method of return. On April 17, 2015, the Defendant leased the means of access to A through Kwikset’s Kwikset’s service in front of the management office of Suwon-si, Suwon-gu, Suwon-si, Suwon-si (Ycheon-dong, Mancheon Purun apartment).

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act: Defendant B: Selection of imprisonment with prison labor under Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

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

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendants’ depth and reflects his criminal act; and (b) the Defendants’ crime of this case is to secure an account to receive money acquired as a serious singing crime with severe social harm.

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