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(영문) 인천지방법원 부천지원 2020.02.14 2019고단3794
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence1 through 6 shall be confiscated from the accused.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, around July 12, 2019, the Defendant accepted a proposal that “if the paper card in the name of a third party is delivered to the designated place and then is delivered to the injured party, 70,000 won per case shall be paid as an allowance,” from a person in secret name who assumes the “B” of the delivery company, and the Defendant received and kept one copy of the bank card in the name of a third party from July 15, 2019 to the designated place.” On July 10:13, 2019, the Defendant received and kept one copy of the bank card in the name of a third party, as shown in the annexed sheet of crime, from that time until 18:17 of the same day.

As a result, the Defendant promised to keep, deliver and distribute the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. The Kakao Stockholm dialogue content, e-mail card and stuff photographs on which the card is sealed;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach a conversation with the suspect A’s cellular phone digital siren analysis), BKakakakao conversation, investigation report (A vehicle photographed at the place where the crime was committed), investigation report (Attachment of internal photograph of the vehicle), investigation report (Attachment of internal photograph of the vehicle), and investigation report (applicable as a result of suspect A’s cell phone digital

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] offenses against the Electronic Financial Transactions Act (type 2], and crimes committed for the purpose of business, organization and use of crime.

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