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(영문) 인천지방법원 2019.10.18 2019고단5585
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall receive, request or promise any compensation, or knowingly borrow or lend a means of access or keep, deliver or distribute a means of access, unless otherwise expressly provided for in other Acts.

Nevertheless, the Defendant, upon receiving a proposal from an employee of singinging on his name, received a physical card from an employee to “to give KRW 100,000 per 1,00 won per 1,00 won per 1,00 won per 1,00 card in the face of delivering it in a designated place,” and tried to implement it with friendly B.

On August 5, 2019, the Defendant, in collusion with B, received one copy of the Kakakao Kakao Kakao Kakao Kakao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Ma, and kept it in the custody of goods in F at the same time, from that time until the 12th of the same month, and kept six copies of the Kao Kao Ma in the name of another, while being aware that it would be used for the crime in return for promising payment as stated in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report (applicable to suspect's cell phone photographs related to the crime and Kakao Stockholm dialogue details) shall be applied to the relevant statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning criminal facts; Article 30 of the Criminal Act;

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, Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the prosecutor is seeking the confiscation of evidence No. 2] of corporate bank card in the name of G seized and one copy of H bank check in the name of H (Evidence No. 1).

In this regard, Article 48(1) of the Criminal Code is subject to confiscation.

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