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(영문) 인천지방법원 2018.12.20 2018고단6509
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The name influor who uses the “E” of the Smartphone D D’s medical clinic, is a person who solicits and instructs another person to engage in the collection of the damaged money, such as the “transfer of money,” and the “collection of the physical card,” which withdraws the damaged money in the Bosping “ Bosping” organization, and the Defendant would take 2% of the amount of the money that was withdrawn on August 2018 after collecting another person’s physical card and withdrawing the money by using it.

“A proposal to the purport that such act may be related to an illegal act or a crime, even though having been aware of the fact that it was done from the 16th day of the same month, to withdraw the amount of damage equivalent to approximately KRW 100,000,000,000 from the 16th day of the same month, and to transfer it to a person with no name, and in the process of receiving the amount equivalent to KRW 2,00,000 in return,

Except as otherwise expressly provided for in other Acts, no person shall request, request or promise to pay compensation, or keep, deliver, or distribute access media knowing that they are used for a crime.

Nevertheless, on August 22, 2018, the Defendant: (a) received and kept one copy of the Kakao Bank Card (F) from a person in the name in front of the French house located in Gwangju Seo-gu on August 22, 2018; and (b) thereafter, the Defendant received and kept five copies of the Kakao Bank Card from September 6, 2018, as shown in the annexed List of Crimes, from September 6, 2018.

Accordingly, the defendant kept access media with the knowledge that he will be used for crime at the same time as he receives compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Seizure records;

1. Application of each statute on photographs;

1. Articles 49(4)2 and 6(3)2 (a) of the relevant Act on Electronic Financial Transactions and Trade (the storage of an access medium for consideration) regarding criminal facts; Articles 49(4)2 and 6(3)3 of the relevant Act on Electronic Financial Transactions and Trade (the use of crime)

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