beta
(영문) 의정부지방법원 2016.06.17 2016고단1625

전자금융거래법위반

Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

No person shall keep, deliver or distribute any access medium with the knowledge that it is intended to be used for a crime in using or managing the access medium.

1. On April 19, 2016, at around 08:40, Defendant A received two copies of an access media, including a personal card (credit number I) and a card (credit number J) from the new bank of another person, while knowing that he/she will use the H phone number at the “G business office” office located in Jongno-gu Seoul Metropolitan Government F, and will receive KRW 2.50,000 per day according to the direction of the name and non-sicker who uses the H phone number and will be used for the crime.

2. 피고인 B 피고인은 2016. 4. 19. 18:20 경 서울 마포구에 있는 합 정역 1번 출구 앞 노상에서 SNS 메신저 위 챗 대화명 ‘K ’를 사용하는 성명 불상자의 지시에 따라 일당을 받기로 하고 범죄에 이용될 것을 알면서 타인의 중소기업은행 통장( 계좌번호 L), 같은 은행 체크카드( 카드번호 M), 국민은행 체크카드( 카드번호 N), 신한 은행 체크카드 (O), 새마을 금고 체크카드 (P), 우리은행 체크카드 (Q) 각 1매 등 접근 매체 6매를 전달 받아 보관하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Entry of a statement made by the prosecution with respect to R in the protocol;

1. Each protocol of seizure and list of seized articles, each recording of seized articles, and the application of statutes on images;

1. The Defendants of the relevant Act on criminal facts: Articles 49 (4) 2 and 6 (3) 3 of the respective Electronic Financial Transactions Act;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants: Imprisonment with prison labor;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing);

1. Defendants of a community service order: Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection;

1. The Defendants are likely to actually use the access media that are systematically delivered as in the instant case on the grounds of sentencing of Article 48(1) of the Criminal Act.