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(영문) 인천지방법원 2020.04.23 2020고단1521

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 1, 2008, the Defendant was sentenced to 12 years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. at the Daegu High Court, and completed the execution of the sentence in the racing prison on August 15, 2019.

2. No criminal suspect shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation;

Nevertheless, around December 2019, the Defendant, upon receiving a proposal from those who use the Kakakao Stockholm “B” and Stockholm “C” to the effect that the Defendant would receive, according to our instructions, a delivery of the cream card under the name of another and withdraw cash, and then deliver 3% of the withdrawal amount to the account that was directed after the withdrawal of cash, and accepted the proposal with knowledge that the said amount was illegal.

Around February 15:17, 2020, the Defendant collected and stored the 10th check card of the bank in the name of “E” in front of the D apartment settlement in advance of the D apartment settlement and kept the 10th check as indicated in the attached list of crimes.

Accordingly, the Defendant promised to keep the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Details of investigation reports (suspects’ Bophishing cards and withdrawal books, the contents of Kakao Stockholm and crowdfunding conversations with employees in charge of fraud - Kakao Stockholm communications), Kakao Stockholm transmission;

1. Records of seizure, respective lists of seizure, records of seizure and photographs of each seized article;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, etc., and the application of the statutes governing the judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall apply to the applicable provisions of the indictment mutatis mutandis to substantive concurrent crimes.