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(영문) 서울중앙지방법원 2017.12.14 2017고단7539
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

Nevertheless, on April 23, 2017, the Defendant heard the proposal that “if you withdraw money by delivering the corporate card through Kwikset service and then send money to the account known to him, you will pay KRW 150,000 to KRW 20,000 per day, if you want to pay money to the account,” and even if we knew that the access media can be used for a crime, I would be able to punish money easily.

On April 25, 2017, the Defendant received C’s instructions, and around 08:35, 08:00, a new bank e-mail card (credit number F), a national bank e-mail card under G name, and a bank e-mail card (credit number H), which was sent to Kwikset service in front of Gangnam-gu Seoul, Seoul.

Accordingly, the defendant received and stored access media while being aware that it will be used in the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of interrogation of each police officer in relation to E or G;

1. Seizure records;

1. 알바 몬 인출 책 모집광고, 피의자 A의 위 챗 대화내용 캡 쳐, 통화 내역, G과 피의 자간 카 톡 대화내용 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, was sentenced to the suspension of indictment due to the violation of the Electronic Financial Transactions Act in around 2016, and thus, again committed the instant crime, and the Defendant was arrested to withdraw the amount of money from the e-mail card delivered by the Defendant.

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