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(영문) 서울동부지방법원 2018.11.21 2018고단3470

전자금융거래법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or keep, deliver or distribute such medium, knowing that such medium is to be used for a crime or to be used for the purpose of receiving, demanding or promising to give or receive compensation, or to use it for a crime.

Nevertheless, on May 30, 2016, the Defendants received KRW 1.50,000 per day, while knowing that they will be used for a crime under the direction of D, which is a cash withdrawal book, from the head of the Tong-gu Incheon Metropolitan City E apartment 204 Dong-gu, 301, and stored one of the F-based national bank cream card (credit number G) from F, around 13:30 on the same day.

As a result, the Defendants, in collusion with D, kept the access media in return for compensation with the knowledge that they will be used in crime.

Summary of Evidence

1. Defendants’ legal statement

1. 각 위 챗 채 탱 내역 사진, 압수물 사진

1. A report on investigation (attaching written rulings on crimes D);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 49 (4) 2 and Article 6 (3) 2 and 3 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, Articles 30 of the Criminal Act, Articles 49 and 49 (4) 2 and 6 (3) 2 of the same Act, Articles 6 of the same Act, and the

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. A community service order Defendant B: A more favorable circumstances for sentencing under Article 62-2 of the Criminal Act: The crime of Bosing, which is becoming a serious social problem, requires a strict punishment for the relevant crime in order to eradicate it as a result of multiple officers’ participation: (a) the access media of the instant crime was only one; (b) the instant crime was committed around May 30, 2016; (c) the Defendant A was under the age of 19; (d) the Defendant B was under the age of 18; and (e) the Defendant B was under the age of 18; (e) there was no record of punishment; and (e) Defendant B was punished twice after the instant crime of another type of crime.