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(영문) 서울서부지방법원 2019.05.29 2019고단179
전자금융거래법위반
Text

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

Of the facts charged in this case, the charge of violating the Electronic Financial Transactions Act on January 3, 2019 is acquitted.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

On December 31, 2018, the Defendant promised to receive e-mail cards, etc. from a person who is designated by him/her, to keep and deliver them in return for the receipt of e-mail cards, etc. from the person who is not entitled to receive 70,000 won per case, and delivered the F e-mail card (G), e-mail card (H), and e-mail card (H) to the person who is not entitled to identify the name of E in front of the Goyang-gu, Seoyang-gu, Seoyang-gu, 2019.

As a result, the Defendant received, demanded or promised to receive compensation, and distributed the means of access to the storage and delivery.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the e-mail card number specified by the suspect);

1. Application of Acts and subordinate statutes of one copy of the B modernization; and

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. The reason for sentencing the alternative sentence of imprisonment with prison labor is that the defendant recognizes his mistake and reflects it, the period of participation in the crime is not long, and it appears that the benefit derived therefrom is not significant, and the defendant's cooperation leads to the arrest of the singisher by arresting the singisher.

However, it is necessary to strictly punish the act of distributing the means of access for electronic financial transactions, such as singing, etc., in that it can be used to commit such crimes. However, even though the defendant does not seem to have led to such crimes, it cannot be committed without the defendant's participation.

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