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(영문) 인천지방법원 2019.06.20 2019고단3002

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall, in using and managing the means of access to electronic financial transactions, receive, request or promise any compensation, or keep, deliver or distribute the means of access knowing that such means will be used for any crime.

On April 17, 2019, the Defendant received a proposal that “C,” which was known through the advertisement of “C,” from an employee of the Korea Bank (hereinafter “C”) using the ID, “C,” and then paid KRW 200,000 per day to the designated place if the Defendant met or delivers the person at the given place.” On the other hand, around April 30, 2019, the Defendant collected the boxes containing one copy of the CC Card (credit number No. 1, E number No. 1) of the Korea Communications Depository (hereinafter “C”), which was on the storage of postal items in the neighboring building in the military. On the other hand, around 17:00 on the same day, the Defendant collected and stored the above B C C C C 1, which was on the storage of postal items in the neighboring building in the Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government F. G. 1, the Defendant collected and stored the C 2 C 1, respectively.

Accordingly, the Defendant promised to receive compensation and kept the means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to investigation reports (suspects' B dialogue details and smartphone photographs);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

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

1. Article 48 (2) of the Criminal Act for collection of penalty;

1. The contents of the crime in the judgment of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the crime in the judgment is an act that facilitates various crimes, such as the so-called “singing” crime, and its harmful effects are serious, and the defendant’s age, character and behavior, environment, motive for the crime, and circumstances before and after the crime are committed.