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(영문) 인천지방법원 2019.10.28 2019고단4975
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No person of "2019 Highest 4975" shall retain a means of access in receiving, demanding or promising any compensation;

Nevertheless, the Defendant, upon receiving a proposal from a person under his/her name, proposed that he/she would collect and deliver another person's physical card, and accepted it. On July 15, 2019, the Defendant kept a total of five physical cards, such as as written in the list of crimes, from the time on July 16, 2019, from the time on which he/she collected and kept the Cbank (D) in the name of B, which is in the custody of underground goods.

Accordingly, the defendant has kept the means of access while promising compensation.

2. No person of the 2019 Highest 5896 shall keep or deliver a means of access while receiving, demanding or promising the payment;

Nevertheless, around June 2019, the Defendant issued a proposal that “The Defendant would pay a daily allowance on the front day of the collection and delivery of the physical card” from a person without his name, and posted it in the mail box located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, where the name-holder was notified of the collection and collection of the F Bank Cown Card (H) on the 26th day of the same month.

As a result, the Defendant’s promise to receive and deliver the means of access from that time to July 4, 2019, and the card number No. 3 attached to the indictment No. 1 attached to the crime sight table of the annexed crime appears to be a clerical error of “M”.

(Evidence Records 25, 42 pages). In the same manner, the means of access was delivered seven times.

Summary of Evidence

No. 1 Crimes

1. Statement by the defendant in court;

1. A criminal investigation report (suspect-J dialogue content and recognition of a female crime) and judgment of the J dialogue content;

1. Statement by the defendant in court;

1. Details of J dialogue;

1. Application of Acts and subordinate statutes concerning police seizure records;

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

1. Article 40 of the Criminal Act of the Commercial Competition.

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