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(영문) 수원지방법원 안산지원 2020.04.08 2019고단4707
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, keep, deliver or distribute a means of access, request or promise to receive or use the means of access for a crime, or knowing that they are to be used for such crime.

Nevertheless, the Defendant accepted a proposal to the effect that “I will pay 6-80,000 won per 1 copy of the card, if the Defendant received the check from a person who was not entitled to the name of the telephone financial fraud organization (one name “B”), and “I will collect the check to be used for committing an illegal sports entertainment.”

1. On October 14, 2019, around 14:55, the Defendant received and kept one copy of the community credit cooperatives (D) card in the name of the deceased and wounded in front of the Yangcheon-gu Seoul Metropolitan Government C Housing.

Accordingly, the defendant, knowing that he will be used in the crime, committed the act of keeping the check card in return for compensation.

2. On October 14, 2019, around 16:43, the Defendant received and kept one copy of the FC Bank’s check card (G) from the deceased in front of the Michuhol-gu Incheon apartment.

Accordingly, the defendant committed an act of keeping a means of access in return for promising to be used in a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. The screen of a Kakakao conference to take a course and to take a course on the screen;

1. Application of the Act and subordinate statutes to the investigation report (Attachment of a photograph of articles seized by a suspect), the investigation report (verification of the circumstances under which the Kakao Stockholm dialogue with the suspect's cell phone "H" - the suspect's cell phone conversation contents with the suspect's cell phone "J" - Specific criminal instruction contents confirmation)

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

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

1. Article 62 of the Criminal Act:

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