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(영문) 인천지방법원 2019.07.10 2019고단3628
전자금융거래법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No defendant A shall commit any act of keeping a means of access in receiving, demanding or promising the payment;

Nevertheless, the Defendant, upon receiving a proposal from his/her name in return for withdrawal of money, received the proposal from his/her name in return for the withdrawal of money, and accepted it. On May 24, 2019, the Defendant: (a) received one F Card (G) under the name of his/her name from his/her name in the park located near the seat-won Branch in the Gu-gu Seoul Metropolitan Government, and kept one from his/her name in custody on the first floor of “H building” on the same day at around 15:57, and kept one post office card (I) in the name of his/her name in the name of B from his/her name in the name of his/her own, and one post office (K) in the name of his/her J: (b) in the name of his/her name in the name of his/her own, demanded or promised to receive the payment from his/her name in return for the receipt of money from his/her name, and (c) stored one of the post offices in the name of his/her name in Incheon Metropolitan City.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (goods photographs seized by suspects B or A);

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

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Probation and community service order;

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