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(영문) 부산지방법원 2017.02.24 2016고단2179

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence shall be confiscated in heading 5 through 45.

Reasons

Punishment of the crime

No person shall lend, keep, deliver, or distribute access media with the knowledge that such media is to be used for a crime or to be used for a crime, unless otherwise expressly provided for in other Acts in using or managing access media.

1. Nevertheless, on February 2016, the Defendant received a proposal from Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, to the effect that “The Defendant will pay 5-7% of the withdrawn amount to 5-7% of the withdrawn amount from the receipt of a check with the check card sent to B and withdrawal of money with the check card sent to B in the name of the party,” and then accepted it.

3. Around 24. Around Seoul, Kwikset and travel agency sent two physical cards connected to one bank account (F) and enterprise bank account (G) in the name of the Defendant to the above E through Kwikset and travel agency, thereby lending access media with the knowledge that they will be used for crime.

2. On April 28, 2016, the Defendant received and stored 28 physical cards from March 28, 2016 in the same manner as indicated in the separate crime list and delivered them to others, and kept access media with the knowledge that they will be used for crime by delivering them to others. In addition, the Defendant received and stored 28 physical cards in the same manner as indicated in the separate crime list from March 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Account transactions;

1. 위 챗 대화내용

1. Photographs and joints of a photograph;

1. Application of the Act and subordinate statutes to the investigation report (No. 9 of the evidence list);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, Articles 49 (4) 2 and 6 (3) 3 of the same Act, and the Selection of Imprisonment, respectively;

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

1. Article 37 of the Aggravation of Concurrent Crimes Act.