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(영문) 인천지방법원 2019.09.19 2019고단4744

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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.

Nevertheless, the Defendant, around July 8, 2019, collects and keeps the other party’s physical check from a person who uses “C” (or D. D. D. D. D. “E” and “F”) under the name of the party using the Internet.

When delivering to a third party, it received and consented to the proposal that 50,000 won per card, excluding expenses, and then, he thought to work as a credit card collection book according to the direction of the person with no name.

The Defendant, around July 8, 2019, collected and kept the check card (I) of a bank in the name of H in the front of Michuhol-gu Incheon Metropolitan City G on July 8, 2019.

From the time of the transfer to a designated place by the winners of the name cards and the transfer to a third party, the check cards under the name of the third party in the total of seven others, as shown in the list of crimes, are collected and kept.

The means of access was kept, delivered, and distributed to third parties by promising compensation, such as the delivery of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

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

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 each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The crime of this case committed by the defendant in return for promising the defendant to receive the price from his name in return for the promise to keep or deliver the physical check card in another person’s name is used as a means of other crime, such as singing, etc.