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(영문) 서울남부지방법원 2018.05.16 2018고단1498
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 25 (S8) shall be forfeited when galloning

Reasons

Punishment of the crime

When the defendant withdraws the cash deposited in the connected account while receiving a cash card, etc. from a person who is not his/her name, and deposits it into another passbook, he/she will give 2% of the amount of cash transferred to the account and 50,000 won per case in return.

“The proposal received and accepted it.”

Thus, around 11:40 on March 23, 2018, the Defendant received and kept 16 copies, such as Cwikset-based cash cards (E) 1, from the delivery center of Kwikset-gu Seoul, and received and kept at the same time, from March 21, 2018 to March 23, 2018, the Defendant received and kept a total of 24 cash cards over a total of three occasions, such as in the list of crimes.

Accordingly, the defendant, who received or promised to receive each cash card, which is an access medium to electronic financial transactions, was kept while being aware that it will be used for crime at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure;

1. A seizure list;

1. Application of the Acts and subordinate statutes on photographs by cutting out the F dialogue between the victim and his/her name influor, and a transfer receipt;

1. Articles 49(4)2 and 6(3)2 (a) of the relevant Act on Electronic Financial Transactions and Trade (the fact that it is kept in an access medium in return for consideration or in return for promising to be paid) concerning the facts constituting an offense, and Articles 49(4)2 and 6(3)3 of the relevant Act (the fact that it is kept in an access medium in the knowledge of the use of a crime);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (inter-Korean between each crime against one approaching medium and each crime against each approaching medium kept at the same time);

1. Selection of imprisonment with prison labor chosen;

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The Defendant and his defense counsel did not know that the cash card in custody, collected and kept, was used for a crime.

2. According to the evidence duly adopted and examined by this Court, the judgment is based on the evidence.

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