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(영문) 인천지방법원 2017.03.02 2017고단226
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

Nevertheless, on November 25, 2016, the Defendant received 08:40 on November 25, 2016 from the scam scam scam staff to the new bank account (C) opened by the said organization on the ground of loans, etc. and one physical card connected to the Busan Bank’s account (D) from the Incheon General Bus Terminal, and stored it in the goods storage of the Yeongdeungpo-gu Station. At around 10:50 on the same day, the Defendant kept the above two approaches with the intention of delivering from the Incheon General Bus Terminal to the cargo storage of Yeongdeungpo-gu.

Accordingly, the defendant, knowing that he will be used in the crime, stored an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes concerning telegrating content;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, Articles 49 (4) 2 and 6 (3) 3 of the same Act, and the Selection of Imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the social harm caused by the crime related to licensing is serious and the crime involved in the crime should be punished strictly, under the unfavorable circumstances, the circumstances, such as the fact that the defendant shows a serious reflectivity, and the primary offender shows various conditions of sentencing, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime.

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