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(영문) 인천지방법원 2020.11.20 2020고단8923
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall, except as otherwise expressly provided, demand and promise compensation, or knowingly keep, deliver and distribute a means of access.

Nevertheless, on September 20, 2020, the Defendant: (a) received a proposal that he would withdraw cash deposited in the connected account and withdraw the cash deposited into the designated account and then, (b) received a proposal that he would receive 2% of the amount of money deposited from the connected account as an allowance, and (c) collected the check card and withdraw the money from the fee in accordance with the direction of the person in default on name.

At around 18:00 on September 14, 2019, the Defendant: (a) received and kept a copy of the D’s physical card (credit number E) in the name of the National Bank, which is packed as a door-to-door in the off-door No. 924 Suchip No. A38, and (b) kept six times from around that time to September 23, 2020, the Defendant received and kept eight copies of the e-mail card, such as the written list of crimes, from around that time.

Accordingly, the defendant committed a promise to pay and kept the means of access 8 knowing that they will be used for crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. 각 위챗, 딩톡, 카카오톡 대화내용 사진, 체크카드 압수물 사진 법령의 적용

1. Articles 49 (4) 2 and 6 (3) 2 of the relevant Electronic Financial Transactions Act concerning criminal facts (the custody of a means of access while promising compensation), Articles 49 (4) 2 and 6 (3) 3 of the relevant Electronic Financial Transactions Act (the custody of a means of access knowing that they are to be used for a crime);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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