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(영문) 서울중앙지방법원 2018.12.20 2018고단6914
전자금융거래법위반
Text

Defendant

A Imprisonment with prison labor for one year and for four months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A decided to receive 4-50,000 won at the price of 4-50,000 won each time he delivers one physical card from a person who uses the Kakakao Stockholm conversation name “C”, and to deliver the physical card according to the instructions of a person who was not his name.

On January 11, 2018, the Defendant received the instructions of a person in distress of the name in front of the DD building in Seoul Special Metropolitan City, Gwanak-gu, and sent a e-mail card from B to the name in a way that he was placed in the mail of the YY, Gangnam-gu, Seoul, by using one e-mail connected with the bank account (Account Number E) of B, and then sent the e-mail card to the person in distress, from February 7, 2018, from that time, until February 7, 2018, as indicated in the list of crimes in the attached Table, to receive 4 to 50,000 won for each transport of e-mail over 18 occasions, and delivered the e-mail card in accordance with the instructions of the person in distress.

2. Defendant B

A. A. On January 11, 2018, the Defendant committed the crime of January 11, 2018: (a) lent a e-mail card from a person in a name in front of the above building to receive KRW 3 million per month from the face-to-face fee; and (b) delivered a e-mail card connected to the account of the Defendant’s name (Account Number E) to A.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

B. On January 16, 2018, the Defendant used Kwikset’s services to receive KRW 3 million per month on a face-to-face surface fee from a person who was on the street in front of the building in question, and received KRW 3 million per month on a face-to-face surface fee from the person who was not on his/her name in front of the building in question. Two copies of the physical card linked to the bank account (Account Number E, F) of the Defendant’s name were added to Kwikset’s service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to each investigation report, provision of financial transaction information, e-mail and Kakao Stockholm output, each photograph, seizure protocol, list of seizure, account transaction details;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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