beta
(영문) 인천지방법원 2017.10.20 2017고단6093

전자금융거래법위반

Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising the consideration.

피고인들은 위 쳇 대화명 F를 사용하는 자로부터 체크카드를 수거하고 전달해 주면 매 회당 10만 원을 수고비로 지급하겠다는 제안을 받고 이를 승낙하였다.

1. On July 31, 2017, at around 13:06, Defendant A, along with G, sent the above e-mail card to a person whose name is unknown, by placing the e-mail No. 235-dong 402 of Gangdong-gu Seoul Metropolitan Government L Apartment apartment 235-dong 402 on the same day after the receipt of a new e-mail card (credit number: J) from a person whose name is unknown.

Accordingly, the Defendant conspired with G, from around that time to August 7, 2017, kept and delivered the check card by receiving the price for the attached crime six times as shown in the list of crimes (1).

2. On August 2, 2017, at around 09:30, Defendant B received from a person who is not aware of his/her name the Nonghyup Card (No.N.), and two copies (O. P.) of the F.C. C. card, from a person who was unable to know his/her name, and delivered the said C. Card to a person who was unable to know his/her name in front of the F.C. 383-1 CGV sublet 383-53 on the same day.

By doing so, from around that time to July of the same month, the Defendant kept and delivered the check card at least seven times, such as the daily list of crimes (2) in attached Form 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in relation to G;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. On-site photographs;

1. The investigation report (the first 22) ;

1. 위 챗 대화 내역 법령의 적용

1. Defendant A of the relevant criminal facts: Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act: Article 49(4)2 and Article 6(3)2 of the said Act; and Article 6 of the said Act.

참조조문