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(영문) 의정부지방법원 2016.09.23 2016고단3484
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium, while receiving, demanding or promising any consideration in using or managing access medium required for electronic financial transactions.

Nevertheless, on August 2016, the Defendant changed the withdrawal of cash from a person who was in the name of a police officer on his/her name to another's name. In return, the Defendant would offer 5 to 10% of the withdrawn amount.

The proposal was received and accepted to the effect that “......”

On August 12, 2016, at around 20:0, the Defendant kept four heads of physical cards in the name of another, including C’s bank cards (credit number D) in the name of another, from a person in the name in the name of another, before his/her name in front of 126, Jung-gu, Seoul, Jung-gu, Seoul, for the purpose of withdrawing cash by delivering it to Kwikset Service Articles.

In addition, the Defendant received and kept from August 18, 2016 to August 18, 2016 a total of 15 physical cards in the name of another person and two bankbooks in the name of another person, such as the list of crimes in the attached Table.

As a result, the Defendant promised to pay for, kept 15 copies of the e-mail card and 2 passbooks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. 압수 조서 및 압수 목록, 압수물 사진 자료, 수사보고( 피의자 A 휴대폰 위 쳇 대화내용 첨부 건), 휴대전화 문자 메시지 사진의 각 기재 및 영상 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 2 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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the aggravation of concurrent crimes (the same shall not apply to a violation of the Electronic Financial Transactions Act);

As in the instant case, the access media that are systematically transmitted is later.

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