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(영문) 의정부지방법원 2018.10.23 2018고단3702

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for nine months.

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

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

The defendant, who assumes a false name as C, received KRW 50,00 or KRW 20,000 per day from the so-called ‘D branch office' (the so-called ‘D branch office') and tried to use a physical check, etc. and deliver it to the above person without a name.

1. On June 20, 2018, around 15:00, the Defendant: (a) opened a physical card linked to the E’s new bank account (F) in the 3th half of half of half of the 347-ro, Yongsan-si, Masan-si, Masan-si, the Defendant sent it to the above name in the post office’s house from Ansan-ro, 364, a post office’s house from Ansan-si, Ansan-si, Masan-si, 364, and sent it to the above name in the name of the deceased. From that time to July 15:35, 2018, the Defendant 16 copies of the card, such as the list of crimes in annexed Form 16, in total, from the day of the crime to July 15, 2018.

Accordingly, the defendant agreed to pay for the price and delivered 16 copies of the approaching media.

2. On July 16, 2018, the Defendant received H’s modern card (I) at the next section of G cafeteria’s head office in Gyeonggi-si, G Mancheon-si, G Mancheon-si.

Accordingly, the defendant paid compensation to the defendant and kept one copy of the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Report on internal investigation (case of suspect A's Kakao Stockholm text), internal investigation report (case of reference person J), and investigation report (case of attaching details of transaction of AKakao Bank);

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection 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. The community service order under Article 62-2 of the Criminal Act;

1. The act of transmitting and keeping another person’s access media with reasons for sentencing under Article 48(1)1 of the Criminal Act.