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(영문) 의정부지방법원 2016.07.08 2016고단1597
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the Defendant was acquitted on April 26, 2016 of violation of the Act on the Electronic Financial Transactions.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

No person shall keep, deliver, or distribute any access medium with the knowledge that it will be used for a crime in using or managing the access medium.

On April 25, 2016, the Defendant received prior notification from police officers and employees of the Cargo Center and kept the company bank physical card (credit number E), which is an access medium, in accordance with the direction of the distribution book of non-merchants, at the 2nd Pkwikset Terminal Cargo Center, on April 25, 2016, after being aware that it would be used for a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Report on internal investigation (the details of fees received by the person under consideration) and details of deposit transactions;

1. Application of the Acts and subordinate statutes to the photographs of seized articles, photographs of the non-exploiting ledger, and photographs of water paper paper;

1. The phrase “Article 6(3)2” as stated in the pertinent Article of the Act and Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act regarding criminal facts of which punishment is chosen appears to be written in writing.

The reason for sentencing a sentence of imprisonment with prison labor is that the defendant has already been aware of the fact that the access media that was delivered by a person without name will be used for committing a crime such as phishing fraud, etc. which has recently become a serious social issue, and the quality of such crime is not good. Therefore, it is inevitable to punish the defendant strictly.

However, various circumstances, such as the Defendant’s confession of the instant crime, the fact that there was no record of punishment for the same kind of crime, the Defendant’s age, sexual conduct, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., serving as the conditions for sentencing as shown in the records and arguments.

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