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(영문) 수원지방법원 평택지원 2018.12.21 2018고단1155
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, unless otherwise provided for in any other Act, lend or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for such crime.

The defendant needs a check from the Chinese nationality B and C (name, non-personal information, non-name, non-personal information), which the defendant works together.

“In response to the request of the purport that “B and C use another’s access medium for crime,” the said B and C, knowing that they were intended to use the medium of access, had the knowledge of their intention to seek access media.

On October 2017, at the construction site of Pyeongtaek-si apartment, the Defendant borrowed head of Tong, body card, andOTP card connected to the F bank account (G) in the above E’s name from E and again conveyed it to B. On November 2017, the Defendant borrowed head of Tong, C, and OTP card connected to the J account in the above I’s name from Hasan-si apartment construction site, and then transferred it again to C.

As a result, the defendant was aware that he would be used for a crime or for a crime, and was given access media from E and I, and delivered E and I access media to B and C respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer in relation to E and I;

1. Statement by the police concerning L;

1. M:

N. Each statement of theO, P, Q, R, R, T, U,V, X, Y, Z, AA, AB, AC, AD, AE, AF, and AG

1. Investigation report (EF bank flow);

1. Investigation report (the suspect E-P card transfer background and 1.5 million won statement hearing report on the grounds that it was reported to the suspect E-P card);

1. A report on internal investigation (as for the safety transaction site connected by the victims):

1. Response to financial transaction information;

1. Each written petition;

1. Application of Acts and subordinate statutes on reporting cyber crimes;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Imprisonment with prison labor for each choice of punishment;

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