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(영문) 인천지방법원 2018.09.12 2018고단3801

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, 4 through 15 shall be confiscated.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium used for electronic financial transactions with the knowledge that such medium is to be used for a crime or to be used for such purpose.

From May 1, 2018, the Defendant: (a) from around May 1, 2018, as instructed by the name-free boxes (hereinafter “C”; hereinafter “C”); (b) received the physical card and withdrawn the amount of damage from phishing; and (c) received 5% of the withdrawn amount from the payment to another account; and (d) received 5% of the withdrawn amount.

On May 14, 2018, around 15:00, the Defendant received and kept a total of 12 physical cards from May 14, 2018 to May 17, 2018, including the Kwikkset Service’s article sending “C” from an article of Kwikset Service to an article of the National Bank C’s physical cards (credit card number: E) with D’s name, from around May 14, 2018 to around May 17, 2018.

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 report on investigation (a list of letters of telegrams attached) and letters of telegrams;

1. Application of the police seizure protocol and the statutes on the list of seizure;

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 Commercial Concurrent Crimes Act (only between violations of each Electronic Financial Transaction Act, No. 9 and 10, No. 1000 per annum);

1. Selection of each sentence of imprisonment;

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 Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, obtained approximately four million won as the instant crime.

I stated that there was a lot of benefit from the instant crime.

It is difficult to see it.

There is no criminal conviction or heavier than the suspension of the execution of imprisonment with prison labor for the defendant, and the defendant has been engaged in his occupation so far and has been divorced by paying the child support to the divorced wife.