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(영문) 서울남부지방법원 2018.03.28 2018고단599
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall keep, deliver or distribute physical cards, etc., which are access media, while promising to receive consideration or to receive such consideration.

Nevertheless, on February 8, 2018, the Defendant received 100,000 won or KRW 150,000 from the offburgs (te. h: c) from the offburg in a place designated by the offburg of the offburg, and received instructions from the offburgs through the offburg of the mobile phone phurg, and received orders from others to deliver them.

Therefore, at around 15:00 on the same day, the Defendant kept the post office staff at “E” in order to deliver to another person the substitute staff with four physical cards in total, such as F’s card (credit card number: G), the national bank check in the name of the Buddhist winner (H: card number), the Saemaul Treasury Card in the name of the Buddhist winner (credit card number: I: card number: I), and the Agricultural Cooperative Card in J’s name (credit number: K).

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Existing presence under subparagraph 8 of this Article;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of dialogue between a suspect A and the upper line (L, M);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. “The circumstances unfavorable to the reasons for sentencing” under Article 48(1)1 of the Confiscation Criminal Act: (a) the instant crime is committed by keeping an access medium that can be used for other crimes, such as licensing, etc.; (b) the instant crime is committed on a planned and organized basis against many and unspecified persons; and (c) the nature of the crime is not very good; (d) social harm is very high; and (e) the Defendant assists in the instant criminal act.

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