beta
(영문) 인천지방법원 2016.01.27 2015고단8104

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall take over any medium access to electronic financial transactions.

Nevertheless, the defendant would receive a passbook from D in the French French French land on September 2015, 2015, and offer KRW 500,000,000 from D.

" Upon receipt of the proposal ", in contact with the other party E, E received an access medium, such as cash card, from the Republic of Korea to gather in writing.

Pursuant to the foregoing conspiracy, the Defendant informed the date, time, and location of access media to E arriving in Korea via the mobile phone Messenger. On October 14, 2015, around 14:30, the Defendant received one cash card connected to the bank account (0650-2065-2165-7426) in the name of Korea bank account (0), and one OTP device connected to the bank account (065-2065-2165-7426) in the location of the Seoul Seocho-gu Seoul High Bus Terminal Cargo Terminal, located in 194 due to the new distribution of Seocho-gu Seoul Metropolitan Government.

Accordingly, the defendant acquired the access media in collusion with E.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. Application of Acts and subordinate statutes to photographs of investigative reports (Attachment of official rulings), and the contents of Kakao Stockholm dialogues;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act recognize and reflects the instant crime; the first offender is more favorable to the Defendant’s first offender; the instant crime is committed by taking over the access media for electronic financial transactions; not only harms the trust and safety of financial transactions, but also harms the trust and safety of financial transactions; and the fact that the access media taken over as a result is used for various criminal acts, such as telecommunications financing fraud, and the quality of the crime is not good. In addition, the Defendant’s age, sex, environment, and motive and background leading to the instant crime, and the circumstances after the crime are committed.