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(영문) 의정부지방법원 2016.09.23 2016고단3126
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

No person shall transfer or acquire any access medium in using or managing the access medium.

1. On July 26, 2016, the Defendant: (a) received a bank check from a person in unsound name and received a request from the bank account to withdraw and deliver cash from the bank account using the said card; and (b) accepted the request; (c) around the same day, the Defendant received a box with D’s physical check from C containing D’s name-based card from a person who was ordered to deliver a box from his or her name-free person in the Cheong-ri station located in Dongdaemun-gu Seoul Metropolitan Government Jeondong-dong around the same day.

Accordingly, the defendant acquired the access media in collusion with the name-free person.

2. On July 27, 2016, the Defendant: (a) obtained a bank check from a person who was in unsound name and received a request from the bank account to withdraw and deliver cash from the bank account using the said card; and (b) accepted it.

On July 27, 2016, the name Buddhistist stated to the effect that "the bank's e-mail card is required to be employed" to E, and the bank e-mail card under the name of E was sent to Kwikseter around the same day in Seocho-gu, Seo-gu, Chungcheongnam-do around the same day and around the same day. The bank e-mail card was opened from the Seoul Seocho-gu, Seocho-gu, Seoul, to Kwikseter. Around the same day, the bank e-mail card was opened from the above e-mail bus terminal.

Accordingly, the defendant acquired the access media in collusion with the name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each protocol concerning the suspect examination of the police in C, F, and E;

1. Descriptions in each record of seizure and the list of seizure, photographs of seized cards, photographs of a C mobile phone conversation rangeed and a photograph of a A mobile phone conversation rangeed, and the application of the statutes on images and images;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the relevant criminal facts, and Article 30 of the Criminal Act concerning the selection of punishment;

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 of the Criminal Act:

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