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(영문) 부산지방법원 동부지원 2016.02.04 2015고단1412
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized A. 6 No. 5 (No. 5) A. 6

Reasons

Punishment of the crime

No person shall keep, deliver, or distribute any access medium while receiving, demanding, or promising to receive any consideration in using or managing the access medium.

Nevertheless, the Defendant: (a) sent the physical card, etc. to a terminal in Seoul, one of Seoul, after making a transfer; (b) withdrawn cash with the above physical card to the account designated by the above-mentioned person; and (c) received 4-5% of the withdrawn amount in return.

On August 19, 2015, the Defendant received the physical card (F) 1 in the name of the national bank in the name of E, and the Saemaul Bank Cream Card (H) 1 in the name of G at the port bus cargo storage station in the Nam-gu, Nam-gu, Jung-gu, Seoul-gu, 85 port bus terminals. On August 19, 2015, the Defendant received on August 19, 2015, and stored the access media by receiving one copy of the CB card (J) in the cargo storage facility in the name of the national bank in the name of Jung-gu, Seoul-gu, Ulsan-gu, U.S., U.S., and 133 U.S., U.S. bus terminals.

On August 20, 2015, the Defendant continued to keep access media by receiving one copy of the Agricultural Cooperative Cze Card (L) in the 2238 Busan Central Bus Terminal Cargo Handling Office, as the central office of the Geum-gu, Busan. The Defendant continued to hold the access media.

As a result, the Defendant promised to pay the price and stored the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a criminal investigation report (the suspect's C language conversation details and telephone number specified in the upper line phone number);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 48(1)1 of the Criminal Act of confiscation No. 1.

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