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(영문) 대구지방법원 2018.04.24 2018고단878
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

The Defendant, by misrepresenting the employees of financial institutions in China (one-person called “C”) and making phone calls to those in Korea, and collecting passbooks or physical cards through Kwikset service articles, which are access media, by putting them up.” According to the instructions of the Defendant C, the Defendant was given access media from Kwikset service articles, and then received the said call box from the above C, and received KRW 50,000 per 1,00 won. However, the Defendant was aware that the said access media would be used for crime.

Nevertheless, on December 20, 2016, at the front of Songpa-gu Seoul Metropolitan Government D, the Defendant received and kept one passbook of the passbook of the national bank passbook(F) in the name of Songpa-gu, Seoul, and one copy of the check (credit number: G), and one copy of the check connected to the above account, from the first floor of the Seocho-gu Seoul H building to the first floor of the Seocho-gu, Seoul, and one copy of the check (credit number number: J) connected to the I bank(credit number) and one copy of the check (credit number) connected to the above account, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. List of seizure and protocol of seizure;

1. Track cards and photographs found in the vehicle of the person under consideration;

1. Application of Acts and subordinate statutes of the investigation report (No. 13, 17) at a moment;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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