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(영문) 수원지방법원 2015.10.22 2015고단4015
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence1 through 8 shall be confiscated from the accused.

Reasons

Punishment of the crime

No one shall keep and deliver any means of access while promising to provide compensation in using and managing the means of electronic financial transactions.

On August 17, 2015, the Defendant agreed to receive KRW 50,000 from “E”, which is an electronic website solicitation book, via “D”, to receive 50,000 in return for receiving instructions from “E”, which is a mobile mailer, and, through Kwikset Service, kept the electronic financial means of access, by receiving delivery of the instant passbook to a new bank account in the name of G, H’s bank account, I’s bank account, I’s bank account, and the new bank account, respectively, and keeping the electronic bank passbook and e-mail card in order to deliver it to the designated place.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A copy of seized articles;

1. Application of Acts and subordinate statutes to the contents of modernization;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. On August 3, 2015, the reason for sentencing under Article 48(1) of the Confiscation Criminal Act: (a) although the Defendant had already been investigated by the police due to the charge of delivering a card and passbook under the name of another person, the Defendant committed the instant crime at all times; and (b) based on the Francation with E, the Defendant appears to be either a member of the organization of telecommunications-based financial fraud, a single name “Singing” organization, or at least an aided person; and (c) thus, it is inevitable to punish the corresponding strict punishment, such as the order.

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