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(영문) 인천지방법원 2019.10.17 2019고단4793
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

No one may acquire any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.

On July 8, 2019, the Defendant: (a) reported on the “B” bulletin board, the title “B, Kwikset, and daily delivery day”; (b) contacted the person in distress with the above name, and (c) proposed that “it shall pay KRW 50,000 per day to deliver documents and parcels; (d) one hundred and fifty thousand won per day, may be punished; and (e) the delivery item instructed by the above person in distress is physical card; and (e) notified that the above physical card is used for the crime of Bophishing; and (e) notified that the above physical card is to be used by the above person in distress, the Defendant, in response to the above proposal, agreed to collect the physical card in accordance with the direction of the person in distress.

On July 13:32, 2019, the Defendant acquired the FF Bank Cown Card (Credit Card Number: G) from E in front of the Michuhol-gu Incheon apartment Ddong, Michuhol-gu, Incheon.

Accordingly, the defendant acquired the means of access in collusion with the person who was not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each photograph;

1. Application of the Acts and subordinate statutes concerning H dialogues;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act that choose a sentence, Article 30 of the Criminal Act, grounds for sentencing choice of imprisonment;

1. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act: [Type 2] There is no person who commits a crime for the purpose of operating, organizing, or using a crime (special person) (the scope of recommendation and recommendation]; the basic area of recommendation; six months to one year and six months;

2. The crime of violating the Electronic Financial Transactions Act in this case is not only to disrupt the safety and reliability of the electronic financial transaction, but also to form the basis for other serious crimes such as singing fraud.

The defendant is taking part in the obligation to deliver a card after receiving the direction of the criminal act from an untitled assistance staff who came to know through the Internet.

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