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(영문) 부산지방법원 서부지원 2019.07.03 2019고단964

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On March 5, 2019, the bearers who use Internet hosting App B’s telephone name “C” and “D” intended to post job offer advertisements on the Internet website to withdraw them by receiving the means of access connected to the account to be used for criminal acts, such as Bosing, etc., and promised to pay 2% of the amount of the withdrawal if they withdraw money to the Defendant using the Internet hosting app’s digital card and transfer money to the designated account.

Accordingly, on April 22, 2019, the Defendant, at F located in Gangseo-gu Busan Metropolitan City, received and kept the physical card of G name bank (H) and one copy of the Agricultural Cooperative (I), and two means of access in total, and around that time, kept the means of access in the name of J in the passenger car operated by the Defendant, one (K), four (National Bank L, community credit cooperatives M, National Bank N, National Bank N, community credit cooperatives) and four (O), one (B), one (R) national bank card in the name of P, one (S) one (U), one (F), one (F), one (F), and one (V), one (Y), one (Y), one (Y), and one (Y) and one (Y) and one (Y).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of photographs to the suspect at the time of arrest of the suspect in the act of committing an offense, a copy of seized articles, BD, BD, C dialogue, parts of the list of transactions taken by the suspect, aAB dialogue within the suspect mobile phone, part of AC within the suspect mobile phone, and the application

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.