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(영문) 인천지방법원 2020.01.22 2019고단8912
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On August 17, 2017, the Defendant was sentenced by the Incheon District Court to a maximum of two years of imprisonment for fraud and the violation of the Electronic Financial Transactions Act, and a short of one year and six months of imprisonment. On March 29, 2019, the Defendant terminated the execution of the sentence.

【Criminal Facts】

In using and managing the means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, with the knowledge that the means of access is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

On November 25, 2019, at around 15:30 on November 25, 2019, the Defendant received a proposal to the effect that “B will pay KRW 50,000 won per unit if delivered with the check card” from a person who has no name to use the conversation name “C”, etc.

In fact, on August 2017, the Defendant was punished for the violation of the Electronic Financial Transactions Act, etc. by taking charge of the delivery of the e-mail card and the withdrawal of the scaming crime. Therefore, the Defendant was aware that the e-mail card can be used for the crime such as scam.

Nevertheless, around November 25, 2019, the Defendant collected 19:38, from Kwikset service article in the name-unkwikset service article in the name of E, the Defendant collected 1 copy of the card under the name of E. F.

Accordingly, the defendant kept the means of access with knowledge that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The investigation report (the suspect's mobile phone conversation content) and the B conversation attached thereto; and

1. Cash card photographs;

1. Previous convictions: Criminal records, investigation reports (former records and reports on the same type of criminal records and repeated crimes and reports on the confirmation thereof), judgment attached thereto, and application of Acts and subordinate statutes to the current status of

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

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