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(영문) 서울북부지방법원 2018.01.11 2017고단3931

전자금융거래법위반

Text

The punishment of a defendant shall be ten months.

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

Reasons

Punishment of the crime

It shall not be allowed to deliver any access medium with the knowledge that it will be used in crime.

1. On January 2016, the Defendant received the order of “B” from a single person who operates an illegal gambling site on or around January 2016, and sent a password (OTP) connected to the accounts of the National Bank (E) and the Nong Bank Account (F) and the accounts of the Nonghyup Bank Account (F), and then sent the name in Incheon Airport with “B” at around that time.

The Defendant knowingly delivered two bankbooks, two passwords, two check cards, and two check cards, which are access media, with the knowledge that they will be used in this crime.

2. On March 2016, the Defendant received instructions from “B” around March 2016, from “B,” and sent a password and a physical card connected to the accounts of the name of “B” in any car page located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, G, and the national bank account (J) with I’s name, and then sent “B” at any time of Ansan-si.

The Defendant knowingly delivered two bankbooks, two passwords, two check cards, and two check cards, which are access media, with the knowledge that they will be used in this crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes governing judgment;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Criminal facts;

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

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

1. To recognize errors in the determination of punishment under Article 62-2 of the Criminal Act in the observation of protection and community service order;

There is only one career of fine.

It is necessary to strictly punish such crimes, which are involved in the preparation of means necessary for other crimes.