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(영문) 서울남부지방법원 2021.02.05 2020고단5677
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall deliver or distribute any access medium at the time of receiving any consideration in using and managing the access medium.

Nevertheless, on April 5, 2020, the defendant accepted the proposal that "only persons who have personal use to rescue persons to work on their own, who have taken things at a place within the inner direction and take the photograph thereof, and then deliver the things to the place where the internal direction is given, the defendant will pay for the prime, daily, and pay for the oil expenses." On May 5, 2020, the defendant received one copy of the physical check card from C in the name of the bank account (E) in front of Kimcheon-si, Kimcheon-si and received from C on May 5, 2020, and then delivered it to the non-resident and received daily allowances from the non-resident of Gyeonggi-do on the same day.

Accordingly, the defendant delivered and distributed access media in return for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Czeline cards and photographs of the police statements made by the F;

1. 위 챗 대화내용 법령의 적용

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts, the pertinent provision of the Act and the former Electronic Financial Transactions Act on the Selection of Punishment, etc., Articles 49(4)2 and 6(3)2 of the same Act on the Selection of Punishment, etc.

1. A favorable condition for sentencing under Article 62(1) of the Criminal Act: A sentence shall be determined as ordered by taking full account of the various circumstances, including the fact that the crime is acknowledged, the fact that the communication media was used for a crime, the fact that daily allowances are not sufficient to receive, the fact that the defendant was punished for the same kind of crime committed at a similar time, and the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which form the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, etc.

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