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(영문) 인천지방법원 2017.04.13 2017고단1435
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Defendant around October 2016, 2016, a website, “I, whateverever, do.”

”에서 알게 된 성명 불상 자로부터 체크카드를 배달해 주면 건 당 최대 5만 원을 주겠다는 제안을 받고 이에 응하였고, 이후 위 챗 대화명 ‘C’, ‘D’, ‘E' 의 지시를 받게 되었다.

On February 21, 2017, at around 19:50, the Defendant received instructions from the said “E” in front of the 3-dong community service center located in the iron farm located in the iron farm, and received one, F’s corporate bank card (H), one, one, one, one, and one new card (J) in the name of F, one, one, and one, one, and one, respectively. On the same day, the Defendant received instructions from the 19:55 at the same place, and delivered the e-mail card in order to receive and deliver the e-mail card in return for promise to receive and deliver the e-mail card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against R;

1. Police seizure records and list of seizure;

1. 수사보고( 피의자 A의 위 챗 대화내용)

1. 압수물 사진, 피의자 검거 당시 사진, 위 챗 캡 쳐 사진 법령의 적용

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. Article 48(1)1 of the Criminal Act of confiscation (the above evidence is examined).

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