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(영문) 수원지방법원 안산지원 2017.10.18 2017고단2471
전자금융거래법위반
Text

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

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it, knowing that it is to be used for a crime in using or managing the access medium.

On August 15, 2017, the Defendant: (a) reported the job offer advertisement on the Internet website, “Acheon-gu, Albcheon-gu, Albcheon-gu, one month’s monthly salary is KRW 3 million; (b) contacted a person without a name (Kakao Stockholm D) with the Defendant; (c) proposed that “I will give the price between KRW 100,000 and KRW 200,000,00,000,000,” and (d) responded with the Defendant’s awareness that the cards to be delivered by the person without a name would be used for committing a crime, such as fraud.

At around 11:00 on August 31, 2017, the Defendant received one credit card (H) connected to the post office account (G) in the name of the F from the person in unsound name and kept the same in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of Chapter nine Acts and subordinate statutes to mobile phone photographs;

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

1. In view of Article 48(1)1 of the Confiscation Criminal Act [the suspended sentence of imprisonment for the same crime committed in 2014; the crime of this case committed during the suspended sentence period; and considerable intentional involvement in the crime of this case, it is determined as above on the grounds that the sentence of the suspended sentence (two years during the suspended sentence of imprisonment for six months) is higher than that of the above suspended sentence (Article 48(1)1 of the Criminal Act.

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