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(영문) 인천지방법원 2018.04.19 2018고단1749
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence 1 to 16 shall be confiscated.

Reasons

Punishment of the crime

No person shall keep, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for such crime.

Nevertheless, on March 7, 2018, the Defendant kept 13 physical cards in the name of another person while knowing that they will be used in the crime in the Chungcheong City of Chungcheongnam-do, with the knowledge that they were used in the crime, for the purpose of using them in the name of another person as stated in the list of crimes in the attached Form 3, for the purpose of delivering 13 copies of physical cards in the name of another person, even though they were able to be used in the crime in the name of another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. 각 위 챗 대화내용 법령의 적용

1. Article 49 (4) 2 and Article 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason behind sentencing under Article 48(1)1 of the Confiscation Criminal Act is not only the total liability but also the participation of subordinate officers such as the withdrawn books, money exchange books, remittance books, the solicitation of passbooks, and the delivery of cards. The crime cannot be committed without the participation of subordinate employees.

Therefore, there is a great need to punish such an act of participation strictly.

The defendant was involved in the delivery of books, and the participation period (4 months' volume, 132 pages of investigation records) and profits (15 million won and 136 pages of investigation records).

Punishment shall be sentenced in consideration of the above circumstances.

In determining the specific period of punishment, the defendant's mistake and reflects the defendant's mistake, the details of the defendant's participation in the crime and continued to do so, and the defendant's age, sex, family relation, property status, and criminal records (one time of punishment, one fine, one time of punishment, and no criminal records of the same kind).

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