beta
(영문) 인천지방법원 2018.05.10 2018고단2009

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 2 through 4 shall be confiscated, respectively.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver, or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

From January 1, 2018, the Defendant, upon receiving instructions from the staff of telephone financial fraud assistance officers, found an abnormal person who has a physical card in the name of another person in the subway station in the Seoul Metropolitan Area and the unmanned door-to-door distribution box installed in the public offices, etc., and then moved to the designated place and kept the physical card received on the day of the unmanned home-to-door distribution, etc. located therein, and received 20-3 million won per day as a consideration.

1. On March 10, 2018, around 20:00 on March 10, 2018, the Defendant received and confirmed a copy of the corporate bank e-mail card (L) in the name-free title, which would bring about the collection of the card to the J located in Dongdaemun-gu Seoul Metropolitan Government, according to the direction of “H”, and then put it in the company bank e-mail (L) at the location.

Accordingly, the defendant was aware that he will be used in the crime and stored and delivered a approaching medium.

2. On March 12, 2018, around 13:30 on March 12, 2018, the Defendant received and confirmed a part of the citizen body card ( Q) in the name of P brought by O according to the direction of “H” from a U, Jung-gu Seoul, Jung-gu, Seoul, and subsequently filed a lawsuit.

Accordingly, the defendant, knowing that he will be used in the crime, stored an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and each list of seizure;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of one copy of A- Card photograph; and

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, Articles 49 (4) 2 and 6 (3) 3 of the same Act, and the Selection of Imprisonment, respectively;

1. Article 48(1)1 of the Confiscation Criminal Act (amended by a prosecutor as well as subparagraph 1 of evidence corresponding to the physical card as stated in Paragraph 2 of the judgment of seizure), but the evidence submitted by a prosecutor alone is owned by a person other than the criminal.