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(영문) 인천지방법원 2018.10.11 2018고단6193

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

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

그럼에도 불구하고 피고인은 2018. 8. 16. 경 스마트 폰 채팅 어 플 리 케이 션 ‘ 위 챗 ’에서 대화명 ‘C’ 을 사용하는 성명 불상 자로부터 제 3자 명의의 체크카드를 전달 받아 특정 장소에 배달해 주는 역할( 속칭 카드전달 책) 을 해 주면 1건 당 5만 원을 주겠다는 제의를 받고 이에 응하였다.

1. On August 20, 2018, the Defendant received and kept a physical credit card (credit number E) of a national bank in the name of D from another person in the name of another person in front of the lending near the Namyang-si, Namyang-si.

2. At around 18:00 of the above day, the Defendant received and stored a letter of F Cze Card (Credit Number G) in the name of F from another person in non-name, in front of the officetels near Gangseo-gu Seoul.

3. The Defendant received and kept the 19:13 Gyeonggi-si 19 U.S. Do-dong Apartment-dong apartment 106, the 19:13 Gyeonggi-si, the foregoing day, from H, one copy of the I Bank Cock Card (the card number J) around the 106 parking lot.

Accordingly, the defendant agreed to receive compensation and kept the access media over three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 49 of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for not less than one year but not more than four years and not more than six months;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act against which a sentence is rendered.