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(영문) 인천지방법원 2020.01.09 2019고단8069
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may retain the means of access knowing that they are to be used in any crime.

On May 2019, the Defendant searched on the Internet homepage as “Woo-man’s high profit know-how,” and tried to communicate with a person C who wants to buy a large amount of money, and to communicate with a person under whose name the name the conversation called “D” was used, and to deliver goods.

Accordingly, on May 31, 2019, the Defendant received instructions to make so-called so-called spophones from the above nameless person while carrying out the delivery service according to the orders of the above nameless person. During that process, the Defendant became aware of the fact that the goods being delivered are physical cards, and such delivery service became aware of the fact that the goods being delivered are physical cards.

1. At around 13:50 on June 3, 2019, the Defendant: (a) received instructions from a member-gu in Ansan-si, Gyeonggi-si from a person who was unable to obtain the said name; (b) received instructions from a member-gu, Gyeonggi-si; and (c) stored E’s physical fitness card (credit number: G) under the name of E.

Accordingly, the defendant kept the means of access knowing that they will be used in the crime.

2. At around June 15:30, 2019, the Defendant kept a physical card under H’s name on the J parking lot located in Gyeonggi-si, Gyeonggi-si, under the direction of the above person who was unable to obtain his/her name, and then kept one copy of the post office check (credit number: K) in the name of H from H.

Accordingly, the defendant kept the means of access knowing that they will be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Investigation report (the nominal E phone statement in the name of a national bank);

1. Records of seizure and the list of seizure;

1. Cze cards ( shopping bags, boxes, etc.) kept by suspect after being delivered by the suspect;

1. Application of Acts and subordinate statutes, such as C dialogues with D and details of L dialogues;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively.

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