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(영문) 서울중앙지방법원 2018.01.11 2017고단6251
전자금융거래법위반
Text

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

Seized evidence 2 through 12 shall be confiscated.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

"The defendant of 2017 Highest 6251" means that he/she seeks a staff member to run a car-house.

“A” in the context of “C(s)”, etc. known to the recipient of a mobile phone text message, shall be paid 5% of the deposit amount if the withdrawn cash is deposited into a separate designated account (nameed blank account) after receiving an access medium, such as a physical card under another’s name, and then withdrawing cash with the check card.

“To receive a proposal to that effect and to perform that role.”

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

On August 27, 2017, around 16:30, the Defendant received from D 11 copies of the bank e-mail card (credit card number: E) 1 and KB national bank e-mail card (credit card number: F) e-mail for the purpose of using the aforementioned “C” for telephone finance fraud in front of the exit Park 12 in the Seocho-gu Seoul Southern-gu, Seoul, 2585, Nam-gu, Seoul, Seoul, and kept Do 11 access media, such as the list of crimes in attached Form.

Accordingly, the Defendant, in collusion with the aforementioned “C” and other members of the telephone financial fraud assistance service, stored a medium of access to electronic financial transactions, such as the physical card in the name of another person, for the purpose of using the telephone financial fraud crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Statement and list of police seizure;

1. Details of each financial transaction;

1. Each photograph;

1. 수사보고(‘ 위 쳇’ 대화내용 등 첨부) 법령의 적용

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

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing of Article 48(1) of the Criminal Act is as follows.

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