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(영문) 의정부지방법원 2017.05.31 2017고단1722

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On April 13, 2017, around 08:55, the Defendant received and stored F’s national card (G) and H’s national card (I) in the name of F with knowledge that the cream card was used for a crime of “tel fraud” in Seongdong-gu Seoul, Seoul.

Accordingly, the defendant, knowing that he will be used in the crime, kept and delivered the access media of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Records of seizure, list of seizure, and cards and photographs thereof;

1. Investigation report (the nominal telephone conversation of the card holder);

1. Application of the investigative report (the application of the Acts and subordinate statutes to capture evidence from the suspect A mobile phone);

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The act of transferring, keeping, and delivering electronic financial transaction access media on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act has already been agreed to the effect that the act should be strictly punished as an act disturbing social economic order, such as scam, etc., within our society.

may be filed.

The defendant may not be considered as a person who has participated in the family register.

The crime of this case continues to be committed in a situation where the illegality of the crime of this case was sufficiently recognized, such as making cooperation with the investigation agency in the process of the attempt, and informing the accomplice of the arrest fact in the process of the attempt, rather than making cooperation with the investigation agency.

may be filed.

It can not be strictly punished in accordance with the purpose of the Electronic Financial Transactions Act.

Although the defendant has been punished several times due to theft, etc., there has been no sentence of imprisonment or heavier punishment for the last ten years.

The sentence of imprisonment shall be chosen, and the execution thereof shall be suspended only once, and the accused shall be the defendant.