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(영문) 인천지방법원 2016.02.17 2015고단6852
전자금융거래법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

No one shall acquire any access medium necessary for electronic financial transactions unless otherwise expressly provided for in any other Act.

1. On August 4, 2015, the Defendant, in collusion with D and E, received Kwikset service articles from the Incheon Integrated Terminal Public Terminal Management Parking Site located in 15, Nam-gu, Incheon, Nam-gu, Incheon, through Kwikset service articles, acquired e-mail cards (credit card number G) with eight times from that time to 18:20 on that day from that time, Defendant acquired e-mail cards, 14 passbooks and four passbooks, e-mails, as indicated in the list of crimes in the attached list of crimes.

2. Defendant B

A. On July 2014, the Defendant, via mail No. 409 of the H building in Nam-gu Incheon Metropolitan City, transferred one head of a Tong and one physical card (K) connected to the bank account in the name of I (J) to the access medium.

B. On October 2014, the Defendant acquired the access media by e-mail a passbook connected to L’s Saemaul Bank Account (M) and a e-mail card (N).

Summary of Evidence

1. Defendant B’s legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the interrogation of each police officer in relation to E,O, F, or B;

1. Each protocol of seizure and the list of seizure;

1. Determination as to the assertion of Defendant A and his defense counsel

1. The Defendant alleged that the head of the Tong or the e-mail card, etc. was not known to be used for the singishing, and that E was unable to deliver the passbook to D by receiving the passbook, etc., and was not a conclusive transferee.

2. In light of the fact that Article 49(4) of the Electronic Financial Transactions Act provides that the act of transferring or taking over a storage medium (Article 49(4) provides for the act of leasing or taking over an access medium with a consideration in addition to lending or receiving a consideration (Article 1) as a separate element for the act of leasing or taking over an access medium (Article 2(1)2), the “number of “the amount” of the access medium as referred to in Article 49(4)1 of the Electronic Financial Transactions Act is the ownership of the access medium upon the intention of the transferor.

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