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(영문) 인천지방법원 2020.01.30 2019고단9188

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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On November 26, 2019, the Defendant received a C message called “high-sum Ambababbabbab,” from the Defendant’s residence, and sent the card to the place to which the Defendant directed, and then came to Seoul, upon receiving the proposal of “D, to withdraw cash using the card and pay 4% of the amount of withdrawal from the face-to-face transfer as allowances.” On November 26, 2019, the Defendant kept one copy of the G name-to-face card (credit number H) at the front of the Incheon Yeonsu-gu, Yeonsu-gu, Incheon, and kept one copy of the G name-to-face card (credit number, number 2, K) in the name-to-face name-to-face name-to-face name-to-face name-face name-to-face name-face name-to-face name-face name-to-face name-face name-to-face name-face name-to-face name-face name-to-face number 14.

Accordingly, the Defendant committed an act of keeping means of access while receiving or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of a photograph of seized goods seized by a suspect), investigation report (the conversation with M dialogue D, which is stored in the suspect's cell phone, - The suspect's Boscam withdrawal activities);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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;

1. Selection of imprisonment with prison labor chosen;

1. The recognition of the crime of Article 62(1) of the Criminal Act and the violation of the suspended execution, the number of means of access in custody is not large, there is no criminal record exceeding that previous or fine, and the detention of two months in this case is contrary.