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(영문) 인천지방법원 부천지원 2017.02.10 2016고정1563
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

Nevertheless, on April 4, 2016, the Defendant: (a) transported an access medium, such as cash card, connected to an account used for a criminal act, such as sports soil, etc., from an Buddhist person; (b) received money of KRW 300,000 from the owner; and (c) knowingly received one cash card connected to the bank account (E) of D’s name that will be used for a criminal act, such as sports soil and scaming, within the office located in Yeongdeungpo-gu Seoul Metropolitan Government on the same day, and delivered and distributed the access media with the knowledge that it will be used for a criminal act four times in total, such as the list of crimes, from around that time to April 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with regard to G and H;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes on a copy of the agricultural bank account in G name, details of transactions in the bank account in H name, and details of transactions in the agricultural bank account in I name;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Electronic Financial Transactions Act (excluding punishment) 2 and Article 6 (3) 3 (excluding 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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