logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.08.14 2020고단4667
전자금융거래법위반
Text

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

Chapter 8 (No. 4) of 50,000 won confiscated by the defendant shall be confiscated.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall, except as otherwise expressly provided, demand and promise compensation, or knowingly keep, deliver and distribute a means of access.

On March 2020, the Defendant accepted a proposal that “illegal gambling money is washing off,” which is “illegal gambling money,” which is collected from “B, and then withdrawn in cash after collecting the check card,” and then, the Defendant would be exempted from remitting the money without using the resident registration number.” The Defendant accepted the proposal that “The Defendant would pay 2% of the amount to be withdrawn with the allowances.”

The Defendant, around that time, moved from around that time to the designated place in accordance with the instruction of the person who was not entitled to the name, and collected and entered the cards under the name of another person. On April 2, 2020, around 16:34, the Defendant kept nine copies of the check in the name of another person in the name of another person, as indicated in the Seoul Gangnam-gu Seoul.

Accordingly, the defendant agreed to the compensation and kept nine copies of the means of access knowing that they will be used for crimes.

Summary of Evidence

1. The Defendant’s protocol of seizure of the Defendant’s legal statement, and the content of the Kakao dialogue between E and F, and the criminal suspect’s conversation with “G”

1. Application of the Acts and subordinate statutes to the report on the investigation of seized articles photographs, letters of loan advertisement transmitted by H, one copy of the photograph of contents B of the suspect mobile phone conversation, deposits without passbook in the suspect mobile phone, and the body card photographic file file (the developments leading to arrest of the suspect);

1. Articles 49 (4) 2 and 6 (3) 2 of the relevant Electronic Financial Transactions Act concerning criminal facts (the custody of a means of access while promising compensation), Articles 49 (4) 2 and 6 (3) 3 of the relevant Electronic Financial Transactions Act (the custody of a means of access knowing that they are to be used for a crime);

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

1. An act of violating the former Electronic Financial Transactions Act, which is disadvantageous to sentencing grounds under Article 48(1)2 of the Criminal Act, by selective forfeiture of sentence of imprisonment, serves as a means of crime, such as fraud.

arrow