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(영문) 부산지방법원 동부지원 2016.04.07 2015고단2314
전자금융거래법위반
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A defendant shall be punished by imprisonment for not less than eight months.

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

[2015 Highest 2314] No person shall store, deliver or distribute access media with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing access media for electronic financial transactions.

On October 2014, the Defendant transferred the access media to the Busan Bank Account (B) in his name to the Defendant’s Busan Bank Account (B). On March 27, 2015, the Defendant received a summary order of KRW 1,00,000 from the Busan District Court’s branch branch branch branch branch of the Busan District Court for the violation of the Electronic Financial Transactions Act on March 27, 2015. On March 2015, the Defendant transferred the access media to the Saemaul Bank Account (D) in his wife’s name to the Defendant’s wife. On July 24, 2015, the Defendant received a summary order of KRW 2,00,000 from the Busan District Court’s branch of the Dong Branch of the Busan District Court for the violation of the Electronic Financial Transactions Act on July 24, 2015. Accordingly, the Defendant was well aware that the access media would be used for the commission of phishing.

Nevertheless, the Defendant, in the middle of June 2015, sent the passbook and the Cze Card connected to the national bank account (E) in his/her name to the deceased in his/her name through Kwikset Service Articles.

Accordingly, the defendant delivered access media to electronic financial transactions while knowing that it will be used for crime.

[2016 Highest 196] On May 14, 2015, the Defendant, at around 20:09, set up a passbook, physical card, and password connected to the Busan Bank Account (J) and the Saemaul Bank Account (K) with the knowledge that H would be used for a crime, with the knowledge that H would be used for the crime.

Accordingly, the defendant delivered access media used for financial transactions while knowing that it will be used for the crime.

Summary of Evidence

[2015 Highest 2314]

1. Statement by the defendant in court;

1. A written statements on the preparation of L;

1. Response to financial transaction information (2016 high group 196);

1. Statement by the defendant in court;

1. Each police statement made with respect to M, I, and N;

1. The details, etc. of the account in Busan Bank: I.

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