logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.09.04 2018고단2756
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence 1 to 5 shall be confiscated from the accused.

Reasons

Punishment of the crime

No person shall receive, request or promise any consideration in receiving or using any access medium, or lend or lend any access medium with the knowledge that such medium is to be used for a crime or to be used for such purpose, or keep, deliver or distribute such medium.

On May 10, 2018, the Defendant: (a) received a proposal from a person in an infinite name who was aware of the search of the “Stopbook” from the Internet site and received the passbook or card and accepted it, and (b) received and kept a door-to-door box in front of Gangnam-gu Seoul on May 10, 2018, from Kwikset Service’s D Bank Card in the name of the limited company C; (c) one bank card in the name of the limited company E; (d) one bank card in the name of the limited company E; (d) one bank OTP; and (e) one F bank OTP in the name of the F Bank P; and (e) two f bank boxes in USB.

The Defendant promised to pay the price as above and kept the access media with the knowledge that it will be used in the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification to a department related to reporting 112 cases;

1. Characteric message photographs;

1. Photographs of seized articles;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 49 (4) 2, and Article 6 (3) 2 and 6 (3) 3 of the Act on the 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. Article 48(1) of the Confiscation Criminal Code’s Sentencing is the reason for sentencing, and thus, the crime is easy to be committed in various crimes with great social harm. Therefore, it is necessary to strictly punish the act of keeping the presidential passbook or the card related thereto.

In addition, it is inevitable to sentence the defendant to commit the crime of this case during the period of suspension of execution.

However, the period of participation in the crime is only one day and the card kept is only one of the two pages, and it is against all of the crimes in this case, and is under suspension of execution.

arrow