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(영문) 인천지방법원 2016.09.22 2016고단5286
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on July 2016, the Defendant received 2% of the face-to-face check from a person who uses Kakakao Stockholm’s name, and intended to take over the Kakao’s card and passbook, which is an access medium, in response thereto.

Accordingly, on August 11, 2016, the Defendant acquired Da’s national card (E) 1, F’s name card (G) 1, one card (G) 1, and H’s name bank (I) 1, 1, 1, and 1, 2016, around August 10, 2016, in the name of the deceased in the name of the company located near the company bank located in the Nam-gu Incheon Metropolitan City, the name of the deceased in the name of the deceased in the name of the Republic of Korea (J) 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect examination of the police against theO;

1. A protocol of seizure and a list of seizure;

1. Investigation report (the details of the arrest of the suspect A), investigation report (the conversation between the suspect A and the Stockholm C);

1. Application of the Acts and subordinate statutes on the contents of the Kakao dialogue between A and C;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for the Crime (or Selection of Imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include: (a) the Defendant acquired access media; and (b) the bank account, etc. was used as a passbook for fraud crime; and (c) the amount of damage therefrom is considerable; and (d) the Defendant.

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