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(영문) 의정부지방법원 고양지원 2016.06.03 2016고단760

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 person shall transfer or acquire any access medium of a financial institution, unless otherwise specifically provided for in other Acts.

On March 9, 2016, the Defendant: (a) received contact from a person who was not on his name and sent the baggage from the bus terminal to the person who instructed him; and (b) received 75,000 won per day per week and actual expenses, such as transportation expenses, from the bus terminal; and (c) consented thereto.

On March 17, 2016, the Defendant: (a) received an order from an unexploited person in name on his/her name to locate baggage in the Gangnam-gu Seoul High Bus Terminal and to deliver it to his/her designated person; (b) around 16:31 of the same day, the Defendant received from the head of the office of the Seoul High Bus Terminal Cargo Management Office in the name of Seoul Seocho-gu, Seocho-gu, Seoul, with an access medium for electronic financial transactions carried out through the cross-city bus bus address; and (c) the paper fambox (Account D); (c) the paper fambling card (Account G); (d) the post office box card (Account H); (e) the paper fambox 1; (e) the bank account in the name of I; and (e) the company fambine card (Account H); and (e) the account fambine 1) the office of the Defendant received from each of the above employees.

Accordingly, the defendant acquired the access media of financial institutions.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. A protocol concerning examination of the police concerning L;

1. List of seizure records of police;

1. Application of the Acts and subordinate statutes on photographic data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation requires severe criticism in that the defendant takes over the cateral card for the purpose of delivering the cateral card that can be used for licensing, which can be a recent social problem.