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(영문) 인천지방법원 2020.11.11 2020고단6766
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

No person shall keep, deliver, or distribute a means of access with the knowledge that he/she has promised to receive compensation and is to be used for a crime or to be used in such crime.

그럼에도 피고인은 2020. 7. 17.경 ‘C'라는 위챗 아이디를 사용하는 이름 모를 사람으로부터 ‘사설 도박사이트를 운영하고 있는데 도박에 필요한 게임머니를 판매한 돈을 체크카드를 이용하여 인출하고 무통장송금을 해주면 일당 20만 원을 주겠다’는 제안을 받고 이를 승낙하였다.

1. Around July 21, 2020, the Defendant collected and preserved a F-name Bank Cze Card (G) and Cze Card (I) in the name of one bank in the name of F, which is contained in an abnormal person, for the purpose of withdrawing the sales amount of the game money in the private gambling site, in front of the Defendant’s dwelling place of the Young-gu D Building E, Suwon-si, Suwon-si, and for the purpose of withdrawing the sales amount.

2. Around July 23, 2019, the Defendant collected and preserved a new bank cream card (K) in the name of J, contained in an abnormal scam, and a company bank cream card (L) around July 23, 2019.

Accordingly, the defendant agreed to receive compensation and kept the means of access knowing that they will be used for crimes.

Summary of Evidence

1. 피고인의 법정진술 M과 ‘N’와의 위챗 대화내용

1. Application of Acts and subordinate statutes to report (the mobile phone analysis that has been seized by a suspect) the investigation of seizure records, list of seizure and photographs of seized articles;

1. Relevant legal provisions and Articles 49 (4) 2 and 6 (3) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment (in recognition of the use of a crime, taking into account the type of the crime in which the means of access was kept in return for payment)

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

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

1. The number of means of access kept by the accused under Article 62(1) of the Criminal Act is four, and only the accused has the same history as a fine of different kind in Korea.

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