logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.12 2018고단981
전자금융거래법위반
Text

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

No person shall keep, deliver, or distribute access media while demanding, demanding, or promising to demand or promise compensation, or keep, deliver, or distribute access media with knowledge that such media is to be used for a crime or to be used for a crime.

피고인은 2017년 9월 중순경부터 위 챗 아이디 ‘B’, ‘C’, ‘D’, ‘E’ 등을 사용한 성명 불상 자로부터 “ 사설 도박사이트에 이용된 계좌에서 돈을 출금하여 알려주는 계좌로 입금해 주면 일당 내지 대가를 지급하겠다.

“To receive a proposal to the effect that “,” and accepted it, only the condition “the said money is called a laundry or at least the proceeds of a private gambling site,” the said money has been paid 100,000 won per case with the knowledge of the fact that the money was laundry or at least laundry of the proceeds of the private gambling site known to him in accordance with the direction of the person without the name.

On November 9, 2017, the defendant received a telephone communication from the above person in the name of the defendant to the effect that "I will accept goods to be used by us," and predicted that the goods are the access media, such as passbook, etc. on the same day, and around 20:10 on the same day, the defendant received and kept the passbook, check card (the card number: H) and the OTP card in connection with the G's bank account (the card number: H) from the person in front of the company bank in the name of G from the person in front of the Nam-gu Incheon Metropolitan City.

Accordingly, the defendant, knowing that he will be used for the crime in return for compensation, has kept an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Records and photographs of seized articles;

1. 위 챗 메시지 사진 법령의 적용

1. Article 49 (4) 2, and Article 6 (3) 2 and 6 (3) 3 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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Sentencing sentencing under Article 48(1)1 of the Criminal Act.

arrow