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(영문) 수원지방법원 2018.01.11 2017고단7092
전자금융거래법위반
Text

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

The defendant anticipated to be used in illegal gambling sites, etc., and again delivered a physical card at a certain place by using the name-free box's instructions and hiding it at a certain place, the defendant would receive a certain price per week.

1. On June 27, 2017, at around 16:00, the Defendant found a e-mail card (credit number C) connected to the national bank account in the name of Yeongdeungpo-gu Seoul Metropolitan Government and a e-mail card (credit number D) linked to the e-mail bank account in the same name and received a e-mail card connected to the e-mail bank account in the name of the same person. On the same day, at around 17:44, the Defendant received a e-mail card connected to the e-mail bank account in the name of the non-party from the non-party to the name of the non-party to the location of Guro-gu Seoul Metropolitan Government.

The defendant around that time posted three copies of the above physical card in an envelope to put it up on the mail in an influorial building located in Songpa-gu Seoul Metropolitan Government locked-dong, so that he would bring it out.

Accordingly, the defendant knew that he will be used in the crime, and delivered the access media.

2. On July 3, 2017, around 12:30, the Defendant: (a) took a physical card (credit number H) connected to the national bank account in the name of G from a person in a false name from the person in a false name at the center of Hats-gu, Goyang-si; and (b) received a copy of the physical card (credit number J) linked to the corporate bank account in the name of Song-gu, Seoul Special Metropolitan City I’s name at around 14:56 on the same day.

Accordingly, the defendant, knowing that he will be used in the crime, stored an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Protocol and list of seizure;

1. Details of passbook transactions;

1. The content of the message;

1. Application of Acts and subordinate statutes of restoration photographs;

1. Article 49 (4) 2 and Article 6 (3) 3 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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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