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(영문) 수원지방법원 성남지원 2021.03.24 2020고단3696

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend or lend any access medium, or store, deliver or distribute such medium with the knowledge that it will be used for any crime or for any crime.

On August 20, 2020, the Defendant received a proposal from Singishing staff B, who is a branch in China, to accept the offer from the Defendant that “on the basis of money laundering, in order to withdraw money with another person’s physical card and then to pay the money if he transfers it,” and around September 24, 2020, the Defendant kept D’s Postal Card (Credit Number F) No. 1 and G H bank C (Credit Number I) in the vicinity of Sungnam-gu, Sungnam-si, Ma-si, Ma-si, and one copy of D’s Postal Card (Credit Number I).

Accordingly, the defendant, knowing that he will be used in the crime, stored an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. 수사보고 (D 명의 E 은행 체크카드 등 2 장 미 압수, 피의자의 휴대전화 확인), 피의 자의 위 챗 대화내용, 피의자의 사진첩 저장자료 법령의 적용

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to three years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] / [the types of crimes in violation of the Electronic Financial Transactions Act] / [the types of crimes in violation of the Electronic Financial Transactions Act / [the crimes in violation of the Electronic Financial Transactions Act] / The mitigated elements of crime: simple participation [the scope of recommendations and recommendations] mitigated areas, one month to eight months.

3. In light of the fact that the defendant in the decision of the sentence has kept the cream card for the purpose of using in the licensing crime, the liability for the crime is not easy.

There are many past records of criminal defendant's punishment.

except that the defendant.