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(영문) 울산지방법원 2020.02.13 2019고단5336
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for two years.

Seized articles 1 through 21, 28 through 33, 40 through 59, 61, 62, 64 through 67, and 69.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act may transfer or acquire a means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of electronic financial transactions;

The Defendant received, around August 2015, the passbook, physical card, etc., which is a means of access linked to the D’s account (F) opened in the E bank from the land in Daegu-gun Building C, which was located at the time of residence, as well as the transfer of the passbook, physical card, etc., which is a means of access to the account under the name of 22 other from August 2015 to October 2019, as shown in the attached list of crimes.

Accordingly, the Defendant acquired the means of access to electronic financial transactions.

2. If a foreigner violating the Immigration Control Act intends to continue to sojourn in excess of the period of sojourn, he/she shall obtain permission for extension of the period of sojourn from the Minister of Justice.

After entering the Republic of Korea under the General Training (D4) visa on October 12, 2006, the Defendant continued to stay in the Republic of Korea beyond the scope of the period of stay without obtaining permission for extension of the period of stay until December 9, 2019, despite the expiration of the period of stay on June 30, 2008.

Accordingly, the defendant stayed in Korea without a separate permission for extension of sojourn.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning G;

1. Each report on investigation;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a copy of a petition, account transaction details, photographs, entry and departure details, application for transaction, or accusation;

1. Relevant provisions of Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts (in cases of taking over any access medium), Article 94 Subparag. 7 and Article 17(1) of the Immigration Control Act (in cases of illegal stay) and the choice of imprisonment with labor, respectively;

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

1. The fact that the reason for sentencing under Article 48(1) of the Criminal Act is recognized, and there is no record of criminal punishment.

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