logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.10.19 2016고단3571
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized evidence 1 through 4 and 6 through 8 shall be confiscated, respectively.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation in the course of using or managing the means of access, and shall not lend or lend a means of access or keep, deliver or distribute a means of access with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

On August 2016, the Defendant: (a) explained that the physical card was used for tax evasion; (b) provided that the physical card was used for tax evasion; and (c) provided the physical card to another person by using the physical card as directed by the bearer.

At around 10:00 on August 23, 2016, the Defendant received and possessed a copy of C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-C-C-S-C-S-C-S-C-S-C-S-C-S-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

As a result, the defendant, knowing that he would be used in the crime in return for compensation, kept the means of access.

Summary of Evidence

1. 피고인의 법정진술 각 경찰 압수조서 및 압수목록 각 수사보고(피의자 명의 휴대폰 위쳇대화 내용 사진-위챗 대화 내용 사진, 피의자 명의 휴대폰 갤러리 확인-거래명세표 캡처 사진, 부산은행 카드 사진 첨부) 압수된 카드 사진, 법령의 적용

1. Relevant Article 49 (4) 2 and 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning facts of crime;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

arrow