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(영문) 서울중앙지방법원 2015.09.04 2015고단4367
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence as referred to in subparagraphs 1 through 22 and 24 through 33 shall be confiscated.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend a means of access, or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or to be used for a crime.

Nevertheless, the Defendant received a proposal from the Chinese nationality C, working for the same company, and received a check from the other person's name, and then sent it to C with the physical card in accordance with the direction, or received 300,000 won daily allowance in return for delivery of the said card to the ship's owner in non-name.

At around 19:00 on July 13, 2015, the Defendant received from C a copy of C’s CC Bank C’s physical card (credit card number: F) in the cafeteria near the Moel located in Jongno-gu Seoul Metropolitan Government, and kept the C’s 31 card and passbook in total twice the same day as indicated in the attached list of crimes.

Accordingly, the defendant kept the means of access knowing that they will be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. 위챗대화목록 사진 출력물

1. Police seizure records;

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

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts (the custody of each means of access);

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

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is deemed to have been involved in the crime to obtain money from the victim by means of the so-called Bophishing, and the nature of the crime is not very good in light of the systematic and planned intelligence.

However, the confession and depth of the defendant is against his/her own dignity, there is no other criminal record, and the age of the defendant.

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