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(영문) 인천지방법원 2019.09.05 2019고단4581

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In spite of the fact that no one may keep a means of access in the course of receiving, demanding or promising the payment, the Defendant received a proposal from the person under whose name the “C” or “D” was used on June 3, 2019, that “I would make a payment for KRW 70,000 won per case of collecting and delivering the e-mail card to the place known to our country.” On June 5, 2019, the Defendant collected the e-mail card (F) connected with the E-company bank account from Seoul Central District on June 5, 2019, and received from that time 76 e-mail cards as indicated in the attached list of crimes until July 2, 2019.

Accordingly, the Defendant kept the means of access in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Seizure records;

1. Details of the investigation report (the suspect mobile phone conversation contents) and B dialogue;

1. Application of the investigation report (specific in the body card in the suspect mobile phone B) and the photographic Acts and subordinate statutes;

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of recommendation [decision of types] according to sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act [Type 2]: Business, organizational, and crime for the purpose of use of crime [the scope of recommendation field and recommendation range]; the basic area of crime; imprisonment for six months to one year [the general person] - Reduction element of mitigation: No history of criminal punishment;

2. Determination of sentence: One year of imprisonment with prison labor (the details, frequency and period of the crime committed in the market, the reasons for the above sentencing, the age, character and conduct, environment, circumstances after the crime, etc.);