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(영문) 춘천지방법원 2017.12.06 2017고단1059
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

On August 28, 2017, the Defendant received a credit card from a person in the name of the first police officer and received a request to offer one percent of the amount of the withdrawal from the face value of the transfer, and accepted such request, and then received and kept the access media with the knowledge that it would be used for the scaming crime at the D convenience store located in Switzerland-si around 09:00 on August 28, 2017, with the knowledge that it would be used for the scaming crime, at the D convenience store located in Switzerland-si around 09:0 on August 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a seizure protocol, each list of seizure (netly 2, 4), seizure protocol (voluntary submission), card copy, investigation report (including submission of response data by a financial institution) shall apply;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1) of the Confiscation Criminal Act include: (a) the Defendant, even though being aware that it will be used in the phishing crime, has withdrawn the deposited money while keeping it in custody with the delivery of the access medium; (b) the nature of the crime is bad; and (c) the Defendant’s withdrawn amount reaches approximately KRW 20 million, which is disadvantageous to the Defendant.

However, the defendant shows the form of recognizing and opposing each of the crimes in this case, and the defendant shows it.

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