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(영문) 서울남부지방법원 2017.02.02 2016고단5502 (1)

전자금융거래법위반

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

No person shall keep, deliver or distribute any means of access to electronic financial transactions, knowing that such means are to be used for a crime.

Nevertheless, around 08:30 on July 27, 2016, the Defendant, at around 08:0, carried out three physical cards, such as the physical card connected with the National Bank Account (C) in the name of the National Bank Account in the name of the access media, one physical card connected with D’s Saemaul Bank Account (E), and one physical card connected with the National Bank Account (F) in the name of the access media, and three physical cards connected with the National Bank Account (F), with the knowledge that they will be used for the crime, and carried them.

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. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to police seizure records and report on investigation of the suspect;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishment as imprisonment);

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, considering the following factors: (a) the Defendant’s mistake is recognized; and (b) the Defendant’s age, sexual conduct, criminal career, and the circumstances after the crime, the Defendant was sentenced to a suspended sentence of imprisonment, such as imprisonment with prison labor, in the instant case.

It is so decided as per Disposition for the above reasons.