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(영문) 서울남부지방법원 2015.11.13 2015고단3763
전자금융거래법위반
Text

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

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow, keep, deliver or distribute the means of access with the knowledge that they are to be used for any crime or to be used for any crime, unless otherwise provided for in other Acts.

Nevertheless, at around 19:30 on August 10, 2015, the Defendant received a cash card of the financial account from the name "C", the cause of the organization of Bosping in China, and received an instruction to deliver the cash card of the financial account, or direct withdrawal of criminal proceeds, and had the purpose of withdrawing the source of damage from Bosping, etc., by delivering the company bank check (E), F-registered corporate bank check (G), F-registered corporate bank check (G), and F-registered community credit cooperative bank card (I), cash card (I) in the name of the above C.

As a result, the Defendant, knowing that the means of access is to be used for a crime or to be used for a crime, was kept, delivered, or distributed.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure protocol (No. 1 No. 1);

1. 휴대폰 위챗 메신저 대화내역 사진

1. 수사보고(피의자의 공범 C과의 위챗 대화내용 촬영사진 첨부 건) - 휴대폰 위챗 메신저 대화내역 사진 법령의 적용

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

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

1. Selection of imprisonment with prison labor chosen;

1. It is recognized that the reason for sentencing under Article 48(1)1 of the Criminal Act is that there is no criminal history of the defendant, the degree of profit gained in the instant case is insignificant, and there is a circumstance in which the defendant must support his wife and her children.

However, the instant crime is deemed to have preserved or transmitted the means of access used for the so-called hosting, and even though the participation period is shorter and there are many numbers of means of access.

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