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(영문) 수원지방법원 2020.02.12 2019고정1767
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access while receiving, demanding or promising compensation, unless otherwise expressly provided for in other Acts, or lend or lend a means of access with the knowledge that it will be used for a crime, or keep, deliver or distribute a means of access.

Nevertheless, on February 2019, the Defendant accepted a proposal to deliver a card from a person who was killed in the name of the police officer (hereinafter “B”), and accepted the proposal to pay KRW 60,000 or KRW 110,000 per case, and received the check from a person who was unaware of his name on the front day of the 26th day of the same month, and then delivered the card to the side of the person who was unaware of his name by keeping the said card in custody, around 21:34 on the 6th day of the same day.

In addition, from that time until February 27, 2019, the Defendant promised to pay for a crime as stated in the attached list of crimes, and delivered and kept eight copies of the physical card, which is the means of access, with the knowledge that it will be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (including details of card collection);

1. The Kakao Stockholm dialogue content, the details of goods storage boxes, and the Kakao Stockholm message;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Articles 49 (4) 2 and 6 (3) 2 of the relevant Electronic Financial Transactions Act concerning criminal facts (the point of keeping and delivering the means of access to the means of access to the promise), Articles 49 (4) 2 and 6 (3) 3 of each Electronic Financial Transactions Act (the point of keeping and delivering the means of access to the means of crime-use means of access);

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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