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(영문) 인천지방법원 2018.04.11 2018고단1552

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence 10 shall be confiscated.

Reasons

Punishment of the crime

피고인은 2018. 1. 15. 경 인터넷 검색을 통해 발견한 ‘ 고액 알바’ 라는 게시 글의 위 챗 아이디로 연락하여 대포 통장 수집 ㆍ 유통 책인 성명 불상자( 위 챗 아이디 ‘D’ )로부터 수도권을 돌아다니면서 카드를 수령한 다음 지정된 장소로 전달하는 일을 하면 1건 당 5 만원씩 대가를 받기로 하였다.

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, the defendant received orders from the above "D" and kept two copies, such as 1:00 on February 26, 2018, 11:00, and 972, from E in the vicinity of the apartment commercial building, she received and stored 2 copies of the new bank account e in its name, including 1:00,000 from E, and 1:0,000 from the same day, she received e-mail card (credit number F) and 8:20 on the same day, and kept e-mail card, which is an access medium under the name of another person, from the same day until 18:20 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made to I by the police;

1. Each protocol of seizure, investigation report (Attachment of photographs of seized articles), seized physical cards and photographs of automobiles;

1. Loan text messages and Kakao Stockholm messages;

1. 수사보고( 피의자 A 과 위 쳇 대화명 ‘D’ 위 쳇 대화내용), 위 쳇 메시지 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The following circumstances for sentencing under Article 48(1) of the Criminal Act, and the Defendant’s age, sex, environment, and motive for the instant crime.