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(영문) 인천지방법원 2019.11.27 2019고단6154
전자금융거래법위반
Text

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

The evidence of No. 3667 of pressure of the Incheon District Prosecutors' Office, 2019.

Reasons

Punishment of the crime

[criminal power] On November 25, 2015, the Defendant was sentenced to a suspended sentence of three years for special larceny, etc. at the Daejeon District Court on December 3, 2015, and the judgment became final and conclusive. On January 27, 2016, the Daejeon District Court sentenced two years of a suspended sentence to six months of imprisonment for special larceny, etc. on February 4, 2016, which became final and conclusive on February 23, 2016. On November 23, 2016, the Daejeon District Court sentenced one year of imprisonment with prison labor at the Daejeon District Court for larceny, etc. and completed the execution of each of the said suspended sentence on April 29, 2019.

【Criminal Facts】

In using and managing the means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, with the knowledge that they are to be used for any crime or to be used for any crime, unless otherwise provided for in other Acts.

Nevertheless, on September 2, 2019, the Defendant: (a) received a proposal from the beneficiary of the name of Bosing staff member of Bosing who became aware of at the Internet site “B” at a non-place on the Internet site; and (b) received a written proposal, “The Defendant would pay the e-mail card from KRW 300,000 to KRW 50,000,000 for each page of the week when delivering the e-mail card to the address known through C.” (c) received the e-mail card to check the operation on the ATM machine and keep the means of access at once.”

1. On September 2, 2019, around 14:00 of the Michuhol-gu Incheon City, the Defendant kept a box containing 95-19, a e-mail card (credit card number: F) linked to the account under D’s name in front of the exit of the e-mail station, and kept the box from Kwikset service article in light of its identity.

2. At around 14:00 on September 3, 2019, the Defendant kept a box containing a physical card (credit card number: I) linked to the H bank account in the name of G in front of the exit of the same week No. 14:00, from Kwikset service article in light of the identity of the Defendant.

3. On September 4, 2019, the Defendant: (a) around 14:00, K Bank in the name of J in front of the exit of the 1st week.

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