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(영문) 인천지방법원 2019.09.19 2019고단5199
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, with the knowledge that the means of access is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

Nevertheless, around July 23, 2019, the Defendant received a proposal from a nameless person who uses a conversation name “C” book to the effect that “C shall collect and deliver a physical card and withdraw money deposited in the relevant card to the account and make it possible to pay KRW 100,000 won per case including lodging expenses, food expenses, etc. at the face of a week,” and consented to the proposal, knowing that the said physical card may be used for crimes, such as Bosing, etc., and collected one copy of the F’s community credit cooperatives (credit card number: G) card in the name of “E” booked in Kimpo-siD around 18:20 on July 30, 2019.

Accordingly, the defendant kept the means of access with knowledge that it will be used for crime purposes or crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Investigation report (the suspect's Bosing recognition, etc. - the dialogue content with H dialogue I), H dialogue photographs;

1. Application of the Act on the Report of Investigation (the dialogue between the suspect and the B B B, the B, and the B

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment, and reasons for sentencing choice of imprisonment;

1. Scope of recommendation [decision of types] according to sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act / [Type 2] Offense for Business, Organization, and Use of Crime [Scope of Recommendation Area and Recommendation] Basic Field, 6 months through one year and 6 months [general person] - Reduction element of punishment: No record of criminal punishment;

2. Determination of sentence: Details of the crime as indicated in October, and the above sentencing grounds;

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