logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.10.01 2019고단5982
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 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 one shall keep, deliver or distribute a means of access while receiving, demanding or promising any compensation in using and managing the means of access.

Nevertheless, on May 28, 2019, the Defendant received a proposal from a person under whose name the “C” was used in smartphone B fishing, to “I will pay for KRW 80,000 won per head of the card, if I would like to collect and deliver the e-mail card to the place known to our country.” On May 30, 2019, the Defendant collected and kept a e-mail card (G) connected to the F bank account in the name of E in the postal storage of the apartment house located in Seodaemun-gu Seoul, Seodaemun-gu Seoul around May 21, 2019, as shown in the list of crimes.

6. Until April, 6. A total of 10 copies of 3 occasions was collected.

Accordingly, the Defendant promised to keep the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of suspect B dialogues and H photographs);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 2012);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

arrow