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(영문) 서울남부지방법원 2017.11.22 2017고단4516
전자금융거래법위반
Text

Defendant

A and B Imprisonment for one year, and Defendant C shall be punished by a fine of 2,000,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. 피고인 A, B 피고인 A, B은 2017. 8. 중순 경 일명 ‘F’ 이라는 성명 불상 자로부터 위챗을 통해 “ 물건( 카드) 을 전달 받아 사용가능 여부를 확인한 다음 지시하는 대로 전달하여 주면 한 건에 10만 원을 주겠다.

“On the proposal of “,”, I had the mind to keep and deliver another’s access media.

A. On August 2017, Defendant A and B conspired with the foregoing and kept the KEB one Card (Credit Card No. : H) 1 in the name of G from a person in a false name in compliance with the direction of “F” at a place not in Seoul (hereinafter referred to as “F”), and the passbook and password connected to the said card, and the KB’s physical fitness card in the I’s name and its password, respectively.

B. On September 4, 2017, at around 15:20 on September 4, 2017, Defendant A and B conspired with each other and kept C’s physical fitness card (credit card number: K) and its password from a person in a name in accordance with the direction of “F” by mail in Guro-gu Seoul Metropolitan Government J building.

2. Defendant C would pay KRW 3 million to Defendant C through a text message around 10:00 on August 28, 2017, where Defendant C sent a physical card to be used by the importing company for the purpose of lowering taxes.

From August 31, 2017, around 18:00, after receiving the proposal, “A”, the Home Packer's Card of the name of Defendant A and its password were sent to Defendant A through Kwikset Service at the front of the Home Packer's 64 Doo-ro 1275, Dong-gu, Dong-gu, Sinyang-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (specific reports on cards transmitted at the end of August, 2017);

1. Defendant A and B of the pertinent Act on the facts constituting the crime: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act: Articles 49(4)2 and 6(3)2 of the said Act on the Electronic Financial Transactions; Article 30 of the said Act on the Electronic Financial Transactions

1. Defendant A and B who has chosen the penalty: Imprisonment; and

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