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(영문) 전주지방법원 2018.04.06 2017고단2614

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 transfer or take over any access medium in using or managing the access medium.

1. On July 15, 2017, the Defendant: (a) from a person in unsound name, the Defendant: (b) received money from a casino customer and sent it to another account; (c) received money from the casino customer; and (d) received the horses to transfer a physical card instead of giving KRW 200,000 won per payment; and (d) transferred the physical card to a nameless person; and (e) transferred a via an access medium by delivering a copy of the physical card connected to the account of the National Bank in the name of the Defendant from a high-speed bus terminal in the name of the Defendant at the time of Jeon-gu, Seo-gu, Seoul; and (e) around the 18th day of the same month, a copy of the physical card connected to the account of the National Bank in the name of the Defendant at the end of 70,000,000 won per case.

2. The Defendant: (a) transferred the above national bank’s body card as above; (b) listen to the speech that “the method of working when he carries the body card” from the person in an influence; and (c) around July 19, 2017, the Defendant acquired the access media by receiving a copy of C’s bank check (D) from the person who sent the name influence at the express bus terminal of the immediately preceding state around July 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of reply (KB National Bank) or passbook to the information on financial transactions;

1. A physical card of our bank;

1. Application of the Postal Card Czem Card-related Acts and subordinate statutes to Korean banks;

1. Relevant Article of the Act and Articles 49 (4) 1 and 6 (3) 1 (a point of transfer and takeover of access media) of the Act on Electronic Financial Transactions, and the choice of imprisonment for each type of crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes for a violation of the Electronic Financial Transactions Act due to acquisition by transfer of any access medium heavier than the quality of the crime);

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

1. The case in which the defendant was sentenced once to a fine for the same crime under Article 62-2 of the Social Service Order Criminal Act, even though he had the record of sentencing.