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(영문) 인천지방법원 2016.03.10 2016고단349

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lease, lease, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration for any access medium necessary for electronic financial transactions, or knowing that it is used for any crime.

Nevertheless, the Defendant heard the phrase “C” that “I will give 200,000 won per day on the face of the week in which he delivers the e-mail card,” and knew that the e-mail card that is delivered would be used for licensing, and kept a copy of the F’s e-mail card (G) in front of the E-pharmacy located in Songpa-gu Seoul, Songpa-gu, Seoul at around 12:40 on January 6, 2016, and kept the F’s e-mail card (G) in the name of F at around 13:10 on the same day and at around 13:10 on the same day, a Korean bank e-mail card (K) in the name of H in the same place.

As a result, the defendant agreed to receive the price and kept the access media with the knowledge that it will be used for the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Article 49 (4) 2, and Article 6 (3) 2 and 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 Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The crime of this case on the grounds of sentencing under Article 48(1)2 of the Confiscation Criminal Act is a heavy crime in that the crime of this case is a storage of an access medium for electronic financial transactions, and not only harms the trust and safety of financial transactions, but also can be used for various criminal acts, such as singing, etc. due to the crime.

The defendant's act of keeping access media is divided into not only the general responsibility but also the participation of subordinate officers such as the collection and delivery of bankbooks, cash withdrawals, remittances, etc. as the way of capital movement in crimes such as Bosing.