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(영문) 서울중앙지방법원 2017.01.11 2016고단8090
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person shall keep, 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 in using or managing the access medium.

On May 7, 2015, the Defendant received a proposal from D, which was known through the “C” and received from D to the effect that the Defendant would receive and deliver the check card, etc., which is a medium that can be used for the crime at the designated place.

around 23:15 on May 11, 2015, the Defendant, along with the foregoing D, was in front of the subway No. 7 line No. 395, Gongung-dong, Seoul Special Metropolitan City, Nowon-gu, Gong 395, and was in front of the cargo storage box No. 7, e., a national bank bank and e., a bank bank under the name of E, and a bank bank and e.g., a bank card under the name of F, each of the above goods storage box No. 7.

In other words, they were kept.

Accordingly, the defendant, in collusion with the above D, kept access media with the knowledge that the crime would be used.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. In the application of the Acts and subordinate statutes, investigation reports (in the case of attaching a copy, etc. of the judgment on the official offense D), investigation reports (in the case of attaching a passbook and a card photograph taken over by the suspect), and accompanying materials

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. On the grounds of the selective sentencing of sentence, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, environment, motive and means of the crime, circumstances after the crime, and balance of sentencing with accomplices, shall be imposed in full view of the sentence like the order.

D. Unfavorable circumstances: The crime of this case is a case where the defendant kept an access medium to use to withdraw the amount of damage acquired by the so-called phishing crime, and its nature is not good.

Bosing. Bosing.

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