beta
(영문) 인천지방법원 2017.01.12 2016고단8045

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 one shall borrow or lend any access medium, or store, deliver or distribute any access medium, in receiving, demanding or promising any special consideration under other Acts.

On November 2, 2016, the Defendant received a proposal to offer KRW 30,000 per page from a person who was aware of the fact that the goods are to be delivered to him/her through the Internet search, and served in response thereto, he/she had the mind to continue his/her work even though he/she knew of the fact that the goods to be delivered are physical cards.

On November 14, 2016, the Defendant: (a) kept each of D’s national card (E) 1; (b) 1; (c) 1; and (d) H’s corporate card (I) ; and (c) 1; and (d) 1; and (c) 1; and (d) in order to deliver physical cards to the Daejeon Complex Terminal located in Dong-gu Daejeon, Dong-gu, Daejeon; and (d) kept in custody to deliver an access medium for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case, on the grounds of sentencing under Article 48(1) of the Confiscation Criminal Act, is not a case where: (a) the crime of this case was committed in the custody of an access medium for electronic financial transactions; (b) not only harm the trust and safety of financial transactions, but also can be used for various criminal acts, such as scaming, etc.; and (c) the Defendant’s profits acquired also are committed in an unfavorable manner; (d) the time limit for the crime was committed; (c) the first offense was committed; and (d) the participation in the scaming itself.