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(영문) 인천지방법원 2018.08.30 2018고단5108

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

1. On July 3, 2018, the Defendant, on June 20, 2018, would give 10-150,000 won per week on the day of withdrawal of cash by receiving the check card under another’s name from a person without his/her name (Kakao Stockholm D, “C”).

“Around July 3, 2018, the proposal received and accepted the check card from that time, and sent and withdrawn the check card, and received and stored the check card (G) connected to the F’s accounts in the name of F to the accounts of the National Bank of Korea (H) in accordance with the direction of the name in French-gu Incheon Metropolitan Government D, the name influence (hereinafter “E”), which was known through the introduction of the above name influences, from the name influences.

As a result, the defendant agreed to receive compensation and committed an act of keeping access media.

2. On July 4, 2018, the Defendant continued to commit the crime, at around 13:40 on July 4, 2018, received and kept a copy of the physical card (K) card connected to the account of J’s bank account from I, a book for delivery of the physical card, in accordance with the direction of the above name-free boxes (Kakao Stockholm D) in front of the two goods storage boxes located in the Suwon-si, Suwon-si, Suwon-si, 924, as the Sudon-si, Suwon-si.

As a result, the defendant agreed to receive compensation and committed an act of keeping access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

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

1. Application of the statutes on dialogue content;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 suspended execution;

1. Protection observation;