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(영문) 인천지방법원 2015.10.15 2015고단5631

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

In using and managing a means of access, no person may transfer or acquire a means of access unless otherwise specifically provided for in other Acts;

1. On September 2, 2015, at around 15:00, the Defendant acquired from the Chinese Shipbuilding that he/she knew of his/her name in the vicinity of the new forest basin No. 1614 located in the Southern-gu Seoul Special Metropolitan City, Seoul Metropolitan City, a copy of CBK Enterprise Bank C’s physical card (D) from the Chinese Shipbuilding.

2. On September 2, 2015, around 18:30 on September 2, 2015, the Defendant acquired a copy of the JB North Korean bank physical card (F) in the name of the Chinese Shipbuilding that he/she was aware of in the vicinity of the 1614 North Korean forest basin located in the Southern-gu, Seoul, Seoul, Seoul, the Southern-gu, Seoul.

3. On September 3, 2015, at around 10:00, the Defendant taken over 1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/2/1/1/1/2/the name/the name/the name/the name/the name/the name/the name/the name/the name/the name/the name/the name/the name/the name/the name

Accordingly, the Defendant acquired the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure, the photographs of seized articles, and the copies of the statements of transactions No. 5;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the respective electronic financial transactions committed on September 3, 2015)

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the reasoning for sentencing under Article 48(1)2 of the Confiscation Criminal Act that the Defendant was indicted for committing a crime similar to the instant case and tried by the Defendant, and that the Defendant was offered to use the ID immediately before receiving the proposal for committing the instant crime from the person using the ID, the Defendant was aware of the fact that the physical card to be collected would be used for committing the instant crime.