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(영문) 서울서부지방법원 2019.08.21 2019고단1969
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, with the knowledge that the means of access is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

1. On May 28, 2019, around 18:30 on May 28, 2019, Defendant A received and kept 1614 as the Southern-gu Seoul Special Metropolitan City Southern-ro, and Dakkwikseter’s e-mail card (E) from Kkwikseter’s service articles, and kept 8 copies of the e-mail card as indicated in the attached list of crimes (1).

Accordingly, the defendant kept the means of access knowing that they will be used in the crime.

2. On May 28, 2019, the Defendant: (a) around 20:30 on the front side of Yeongdeungpo-gu Seoul Metropolitan Government, Defendant B received and kept 10 copies of the C-bank C-B Card (E) in the name of the Plaintiff from the Defendant, as well as the C-B Card (E) indicated in the attached List of Crimes (2) from the Defendant, respectively.

Accordingly, the defendant kept the means of access knowing that they will be used in the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

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

1. Application of A’s G message, H message, and statute on the submission of financial institution correspondence data;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. The Defendants: The crime of keeping the means of electronic financial transactions while knowing that they will be used for the purpose of sentencing under Article 48(1) of the Criminal Act is very different from that of the means of access stored as such.

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