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(영문) 대구지방법원 포항지원 2017.01.25 2016고단1454

폭력행위등처벌에관한법률위반(공동공갈)등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. The sole criminal conduct of Defendant A;

(a) No person in violation of the Electronic Financial Transactions Act shall borrow or lend any access medium while receiving, demanding or promising any consideration, or keep, deliver or distribute it, nor shall he/she borrow or lend any access medium with intent to use it for a crime or with the knowledge that it will be used for a crime, or store, deliver or distribute it;

1) Nevertheless, on September 2015, the Defendant: (a) sent the access media, such as head of Tong, cash card, OTP card, etc., related to the E company name bank account (F) at the front line of the port area (Gu) that is located in the Posi-dong, Mapo-si, Mapo-si, Mapo-si; (b) around that time, sent the same to the name-free person who resides in G located in Mapo-si, Mapo-si, Mapo-si, and received 80,000 won in return.

2) On September 2015, the Defendant sent an access medium, such as a passbook, cash card, OTP card, etc., related to I’s Agricultural Bank Account (Account Number:J) on the front line of the port section of the port section (Gu) located in Posi-gu, North Korea, Mapo-si, Mapo-si. Around that time, the Defendant sent it to the name-free person residing in Seoul, and received KRW 80,000 as a consideration, from the “H” located in Posi-gu, Mapo-si, Mapo-si, and received delivery.

3) On March 2016, the Defendant: (a) received from E the access media, such as passbook, cash card, and OTP card, connected to the account in the name of E (K) and the Saemaul Bank account (Account Number: K) from E and the Saemaul Bank (Account Number: Account Number) from E, and delivered the same to the name in the name of the party residing in Seoul, on the grounds that E terminated and withdraws KRW 4,600,000,00,000 from the front side of the “two OTP apartment apartment” located in the north-dong, Posidong, Mapo-dong; and (b) received from E to deliver the above account, the Defendant knew that it would be used for the crime in the event of delivery and distribution of the said account, and thereafter, sent it to the name in the name in the name in the name in the name of the party residing in the Seoul.

Accordingly, the defendant is paid by the defendant.