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(영문) 인천지방법원 2018.07.20 2018고단3793
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall keep, deliver or distribute any access medium while knowing that he/she will receive, request or promise any consideration, or use it for a crime.

Nevertheless, the Defendant: (a) received a proposal from a person under whose name the name the “Kakao Stockholm” conversation name “B” was used to collect and deliver a physical card, etc.; (b) notified that the physical card would be used for a crime such as Bosing, etc.; and (c) received a letter from the Korean police officer of the Bank of Korea (the card number D) around 15:00 on May 21, 2018, the Defendant received a letter from the company bank in the vicinity of the Sucheon-si, Nowon-gu, Seoul; and (d) received a letter from the Korean police officer of the Bank of Korea (the card number No. 1) around 16:39 on the same day, delivered the physical card to the Plaintiff by a disguised delivery of the card in front of the Incheon Gyeyang-gu, Gyeyang-gu, Incheon, and 206 (3-4) 206-4).

Accordingly, the defendant agreed to receive compensation from the above person in the name of the defendant and kept access media with the knowledge that they will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each investigation report (the details of conversations between the suspect and the suspect's Kakao Stockholm, and records of suspect's Internet search);

1. Application of Acts and subordinate statutes to the content of text messages, content of message, and cellular phone search records;

1. Articles 49(4)2 and 6(3)2 (a) and 6(3)3 of the Act on Electronic Financial Transactions for the crime at issue (a point of keeping an access medium for consideration) of the relevant Act on Electronic Financial Transactions, and Articles 49(4)2 and 6(3)3 of the relevant Act on Electronic Financial Transactions (a point of keeping an access medium for the purpose of using a crime);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the violation of each electronic financial transaction law due to the storage of an access medium for consideration promise, each of the violation of each electronic financial transaction law due to the storage of an access medium for the purpose of using the crime, each of the violation of each electronic financial transaction law due to the storage of an access medium for the purpose of using the crime, and each of the violation of each electronic financial transaction law due to the storage of an access medium for the purpose

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