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(영문) 인천지방법원 2019.10.17 2019고단6002
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

No person shall borrow or lend any access medium while receiving, demanding or promising to receive compensation therefor, or store, deliver or distribute it.

Nevertheless, at around 18:30 on August 20, 2019, the Defendant accepted the proposal that “C,” and “D,” from the name scaming staff using the Internet search, would collect the check card in the name of a third party and deliver it to the designated place.” The Defendant received and kept 13 copies of the check card in the name of the third party from the non-disscam’s account in the name of the third party from the non-scaming staff to the Dong-gu Daejeon-gu, Daejeon-gu, and then received and kept 13 copies of the check card in the name of the third party from the non-descam delivery book to the account in the name of the third party from the non-descaming book until the 27th day of the same month.

Accordingly, the Defendant promised to receive compensation and kept the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing seized objects photographs, each investigation report, each of the dialogue content, H dialogue content, each body card photograph, suspect cell phone storage data CD-related Acts and subordinate statutes;

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;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act that is disadvantageous to the defendant: since the crime of this case in which the defendant promised to receive the price from the person in whose name the defendant was not the person in whose name the defendant had kept a physical card in another person's name is used as a means of other crime, such as singing, etc., there is a need for strict punishment to prevent

On August 2019, the Defendant started collecting physical cards from the first police officer.

e.beliable;

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