(영문) 부산지방법원 2019.06.12 2019고단1929

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(영문) 부산지방법원 2019.06.12 2019고단1929

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Attached card statements No. 8 (No. 13) shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who illegally stays in Austrian nationality.

No person shall, in using and managing a means of access, borrow or lend the means of access, or store, deliver or distribute the means of access in receiving, demanding or promising any compensation therefor.

Nevertheless, around April 2019, the Defendant received a proposal from a person who was aware of his name in the French-dong, Yongsan-gu, Yongsan-gu, Seoul, and received the proposal that “The Defendant would have withdrawn 60 million won in cash from another foreigner’s name by reducing the number of the body card,” and then accepted it at that time, the Defendant received 6 million won in cash from the above person’s name in the name of the deceased (here-be referred to as “here-be”) and then received 1, 2, 3, and 6 copies of the physical card connected to “C’s IB Enterprise Bank Account (D), including 1, 4, the physical card No. 1, 6, and the number and password connected to each of the above persons, and then received the order of another name in the name in the name in the name of the deceased (here-be referred to as “HB”), 3, 4, 5, and 7, and 5, and 5, from the name in the name in the name of the deceased (here-be).

As a result, the Defendant promised to pay the price and kept seven copies of the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of investigation reports (verification of details of obtaining information from accounts in the name of another person held by a suspect), and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Code for confiscation is that the 140 million won by deceiving the victim.

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

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