(영문) 서울중앙지방법원 2016.03.25 2016고정241



Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.


Punishment of the crime

[criminal history] On October 27, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court, and the said judgment became final and conclusive on December 28, 2015.

[2] The Defendant: (a) received, delivered to the designated person, or stored at a designated place, a door-to-door copy containing passbook and card from a name-to-door B (Korean language referred to as “C”); (b) received 30,000 won per door-to-door copy; and (c) conspired in sequence via D to receive a door-to-door copy containing passbook and card from E; and (d) received a passbook and instruct E to do so.

Accordingly, on August 4, 2015, E received e-mail card (G) with Kwikset service articles at the Incheon General Terminal Public Parking Site located in 15, Young-dong, Nam-gu, Incheon, Nam-gu, Incheon, through Kwikset service articles, and received e-mail card 14 and 4 passbooks from 18:20 the same day to 18:20 the electronic financial transaction access media was issued over eight times, as shown in the list of crimes in the annexed crime list.

Accordingly, the defendant acquired the electronic financial transaction access media in collusion with D, E, B, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Copies of each protocol concerning the examination of suspect of the police to H, F, I, E, J, or K;

1. Copies of the records of seizure and list of seizure of police officers on August 5, 2015;

1. A copy of the investigation report (a copy of the official E judgment and other accompanying documents);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to the defendant's legal statement, inquiry about criminal history, investigation report (report accompanied by a copy of the judgment);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on 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. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;