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(영문) 의정부지방법원 2017.04.26 2016고단5578
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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 to receive any consideration in using or managing the access medium.

Nevertheless, the Defendant promised to receive KRW 30,000 per unit in return for the delivery of the physical card from a person in a nameless injury to another person. On January 12, 2016, the Defendant received and kept the bank physical card (credit number: card number: 1) in the name of E, including one bank physical card (credit number: I) in the name of E, one bank physical card (credit number: J) in the name of H, two of the Saemaul credit cooperative cards (credit number: K and card number: L) and one post office physical card (credit number: Ma) in the front of 90 new village in Mapo-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in the first written suspect examination protocol against E by the police;

1. Each description of a seizure card photograph, a record of seizure and a list of seizure, passbook, a card, a Kakao Stockholm message, a Kakao Stockholm conversation (the evidence No. 1 of the defendant's side, the prosecutor's benefit) and each description of a cell phone text (the evidence No. 2 of the defendant's side, the prosecutor's benefit) and the application of the video law

1. Articles 49(4)2 and 6(3)2 of the Act on the Electronic Financial Transactions and Trades (the Defendant received each of the instant access media and stored access media at the same time as the Defendant received and stored access media.

In addition, as seen below in the reasons for sentencing, the defendant promised to receive the consideration.

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

1. The Defendant received or paid KRW 30,000 won per case, and received a separate payment for transportation expenses and food, and began delivery on condition that delivery would receive KRW 500,000 per month (Evidence 1, No. 1, No. 2). This was normally delivered.

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