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(영문) 전주지방법원 군산지원 2018.07.04 2018고단285
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising the consideration.

피고인은 2017년 7 월경 위 챗 대화명 'B' (C )를 사용하는 자로부터 체크카드를 수거하고 전달해 주면 매 회당 10만 원을 수고비로 지급하겠다는 제안을 받고 이를 승낙하였다.

At around 13:06 on July 31, 2017, the Defendant, in collusion with D, received a letter of bank physical card (credit number: G) 1 from a person without his/her name, and a letter of credit card (H card number: H number) 1 on the same day, and sent the above physical card to a person without his/her name by placing it in a mail box No. 235-dong 402, Gangdong-gu Seoul Metropolitan Government I Apartment at around 13:26 on the same day. At around that time, the Defendant sent the above physical card to the person without his/her name. From around that time to August 7, 2017, the Defendant kept and delivered the physical card at least six times, such as the written list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. 현장사진 사본, 각 압수 목록, 각 압수 조서, 압수물 사진 사본, 수사보고( 공 범 D 관련 사건 판결문 첨부), 피의자들 휴대폰에 저장된 위 챗, 카카오 톡 대화 내역 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions, Article 30 of the Criminal Act 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the observation of protection is to make it possible to commit the instant crime and make it difficult to recover from damage. It is necessary to strictly punish the instant crime.

However, it is advantageous to the fact that the defendant's mistake is divided, and that it is the first offender who has not committed any criminal offense.

The defendant's age, sex, motive, means and consequence of the crime.

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