beta
(영문) 부산지방법원 동부지원 2009.1.6.선고 2008고단1488 판결

전자금융거래법위반

Cases

208 Highest 1488 Electronic Financial Transactions Act

Defendant

A (84years) and Non-Service

Prosecutor

Kim Jong-mun

Defense Counsel

Attorney Cho Jae-sik

Imposition of Judgment

January 6, 2009

Text

A defendant shall be punished by imprisonment with prison labor for not less than one year and six months. The forty-three days under confinement prior to the sentence shall be included in the above sentence.

Reasons

Criminal facts

피고인은 중화인민공화국 국적의 조선족으로서 대포통장판매를 업으로 하는 사람인데, 2008. 4. 말경 인터넷 포탈사이트인 '■■'에 '통장판매합니다'라는 광고를 게재한 B을 알게 되었다.

The Defendant received from the beginning of May 2008 to the end of August of the same year the passbook and cash card from the street room located in Ansan-si, Ansan-si from B to the end of August of the same year, and received directly or through Kwikkset service the passbook and the cash card in the attached Form (Omission) account and the password 267 necessary to use them.

Around that time, the Defendant received the amount of KRW 500,000 per passbook and cash card from one head of the Tong and 500,000 won per two parties. The Defendant transferred and acquired the passbook, the means of access used in electronic financial transactions, cash card, and the password 267. The summary of the evidence.

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 49(5)1 and 6(3) of the Electronic Financial Transactions Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of kind of punishment;

Imprisonment, respectively;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Grounds for sentencing

In full view of the fact that the Defendant committed the instant crime by clearly recognizing that the passbook, etc. was to be used for the instant crime in the so-called “singing” fraud crime, which is currently active in Korea, the Defendant is sentenced to heavy punishment against the Defendant, taking account of the fact that the number of the passbooks transferred and transferred by the Defendant is considerably large.

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

Judges

Judges Park Jong-chul