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(영문) 인천지방법원 2018.02.01 2017고단9094

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

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

1. From December 5, 2017, the Defendant knew that he/she will be used for committing a crime, the accommodation of the subway No. 4 located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.

At the front of the exit No. 1, the bank received and kept a copy of the Postal Card (Credit Card Number C) from a person who is not his/her name.

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

2. On December 5, 2017, the Defendant received and kept a Saemaul Treasury Cown Card (F) 1 and No. Nonghyup Card (G) 1, which was packed in a paper stuff within a convenience store and kept in a convenience store, from around 19:00 to around 19:0 on December 5, 2017.

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. A protocol of seizure and a list of seizure;

1. Reports on internal investigation and the application of the Acts and subordinate statutes governing investigation reports;

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

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 reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (an offense for which sentencing guidelines are not set) is that the Defendant’s role, such as the delivery of the criminal defendant’s duties, is essential to the completion of the criminal act of licensing, where the organization has a general responsibility in a foreign country where judicial power is difficult to be exercised, and the organization has a bruptive nature.

In the case of people who are recently included as organization members as the defendant, there is a growing number of cases of short-term visa residents who have no record of domestic crime.

The distribution and tendency of the subordinate participants, and the general recognition of diverse nationality.