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(영문) 인천지방법원 2019.05.31 2019고단2641

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

A person who uses the name “C” under the name of “S” in the name of “Slphone” is a person who solicits and distributes the source of damage in the organization of “Slphishing”, and instructs him/her to do his/her work. The Defendant, around April 2019, received a proposal that “I will collect and deliver another person’s physical card from another person, deliver it to another person, or withdraw cash by using it, and then will be KRW 1,50,000 per day for remittance.” The Defendant, despite being aware that such act may be related to an illegal act or a crime, was committed from the third day of the same month as a collection book, and, in the process of receiving KRW 1,50,000 per day, committed the following crimes.

No person shall keep, deliver or distribute a means of access with the knowledge that he/she will receive, request or promise any consideration, or be used in a crime.

Nevertheless, on April 4, 2019, the Defendant received an instruction from the person who was not the name, and kept the Cze Card in front of Songpa-gu Seoul, Songpa-gu, Seoul, by delivering the Cze Card (F) in the name of the E on the front of Songpa-gu Seoul.

Accordingly, the defendant kept the means of access with the knowledge that he would be used in crime at the same time as receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the laws and regulations on the contents of the investigation report (Korean bank Cze Card Non-Seizure), H dialogues with “G”, and B between “C”

1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (a means of access to which compensation is promised) concerning criminal facts, and Articles 49 (4) 2 and 6 (3) 3 of the same Act (a means of access that knows that it will be used for a crime) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act shall be based on probation and community service order.