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(영문) 인천지방법원 2018.03.15 2018고단896
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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 lend or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to use it for a crime or is to be used for a crime.

Nevertheless, from January 8, 2018, the Defendant received 150,000 won per week from a person who was killed in his name (one name C) to receive a substitute stuff with an access medium, such as a physical card used to commit the commission of the phishing fraud, and accepted the proposal to pay 150,000 won per week by delivering the card to the person who instructed the above person.

around January 29, 2018, the Defendant kept one copy of the F F F F F F F F F F F F F F F F F F F F card (credit number G) from E before Gyeyang-gu Incheon, in accordance with the above instruction of the unclaimed winner.

Accordingly, the defendant kept the access media of electronic financial transactions while being aware that it will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Postal card photographs;

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

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than three years;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set.

The transfer, custody, and delivery of one year of imprisonment, two-year access media of suspended execution are currently used as a means to commit various crimes, such as Bosphishing, illegal sports discussions, etc., which have a great impact on society, and such acts should be punished strictly.

However, the defendant recognized the crime of this case, and is well aware of the defendant for a period of one month detention, and reflects his mistake in depth, and the defendant in this case.

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