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(영문) 인천지방법원 2020.01.16 2019고단8043
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, keep, deliver or distribute a means of access knowing that he/she has received, demanded or promised any compensation, or has been used for a crime or would be used for such crime

Nevertheless, the Defendant received a proposal from “B” and “C to pay part of the amount withdrawn from the transfer of money stored in the account as an allowance,” and around October 28, 2019, according to the direction of “C” in front of Gwanak-gu, Seoul Special Metropolitan City, the Defendant kept one copy of the “C” card from Kwikset service article in the name of E (the card number F) from Kwikset service article.

Accordingly, the defendant kept the means of access with the knowledge that he would be used in the crime at the same time as he promised to receive compensation.

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. Application of the Acts and subordinate statutes after a criminal investigation report and cell phone closure;

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

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

1. Reasons for sentencing selective imprisonment with prison labor;

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: One year of imprisonment with prison labor (the content of the crime at the time of the market, the defendant committed a crime to withdraw and remit the amount of damage from springing, and the withdrawal and remittance of the amount of money for a considerable period of time until he is arrested as a result of the crime in the judgment, the necessity of strict punishment for the crime related to springing, the age, character and conduct, environment, circumstances after the crime, etc. of the defendant);

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