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(영문) 인천지방법원 2018.09.20 2018고단6257
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

피고인은 스마트 폰 채팅 어 플 리 케이 션 인 위 챗 대화명 ‘C’, 텔 레 그램 대화명 ‘D ’를 사용하는 성명 불상의 전화금융 사기 조직원으로부터 ‘ 체크카드를 전달 받아 이를 내가 지정하는 사람에게 전달해 주면 1건 당 6만 원의 수당을 주겠다’ 는 제안을 받고 이를 수락하였다.

No person shall borrow or rent any access medium while receiving, demanding or promising to receive any consideration, or store, deliver or distribute it, and shall lend or rent any access medium with the knowledge that it is intended to use it for a crime or intended to be used for a crime, or keep, deliver or distribute it.

Nevertheless, on August 27, 2018, the Defendant received and kept one copy of the bank physical card (F) in the original Dong community service center located in Suwon-si, Suwon-si, Suwon-si, in accordance with the direction of the foregoing “D,” and received and kept one copy of the bank physical card (I) under the name of E from the non-member of the family community service center, and delivered and kept one copy of the H bank physical card (I) in the G in Sung-si, Seongbuk-si, Sung-si, Sung-si, Sung-si, and kept one copy of the H bank physical card (L) at around 14:30 on the same day.

In this respect, the defendant agreed to pay and kept access media while being aware that they will be used for crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Protocols of seizure and list and photographs of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2, and Article 6 (3) 2 and 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service is to keep the access media for electronic financial transactions, and is to trust in financial transactions.

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