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(영문) 서울남부지방법원 2019.02.13 2018고단3229
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

except that the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Defendant

A around January 2018, around D convenience points in Guro-gu, in order to use the e-mail card connected to the FF Bank account (G) in the name of a limited liability company E to commit a crime, A shall deliver the e-mail card to Defendant B for the same purpose, and Defendant B received the e-mail card from Defendant A for the aforementioned purpose.

As a result, the Defendants committed an act of keeping and delivering a means of access for the purpose of using the means of access.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the police statement concerning I;

1. Statement of each police statement against J, K and L;

1. Written petition for K Preparation;

1. Investigation report (the details of CCTV images at an enterprise bank love point);

1. Investigative report (A communication confirmation data analysis of a suspect);

1. Investigation report (to be accompanied by photographs of withdrawal books from the office south of the F Bank);

1. The customer information list and transaction details of the EF bank account of a limited liability company;

1. Details of transactions of the EF bank account of the limited liability company;

1. The details of customer information and accounts;

1. Application of Acts and subordinate statutes to written confirmation of the results of electronic financial transfer and detailed statement of amount transferred;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act (the point of keeping, delivering, and delivering access media and the choice of imprisonment) applicable to criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. The crime of this case, which is a common reason for sentencing, is not a crime of keeping and delivering a means of access that can be used for the so-called singishing crime.

Although there was no perception to the Defendants, it is not limited to the custody and delivery of the means of access.

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