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(영문) 인천지방법원 2018.09.12 2018고단5588
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on July 20, 2018, the Defendant received a proposal to pay KRW 100,000 won per day when he/she served as a delivery to a specific place with the check card in the name of another person from a person (Scar : C) in the name of another person.

On July 27, 2018, 209:00 on July 27, 2018, the defendant means the name "F" at the E office located in Yeongdeungpo-gu Seoul Metropolitan Government, and had that place.

G Postal Card (H) No. 1 shall be delivered and kept, and the same day shall be sent and kept from Kwikset Service Articles, 16:20 to Kwikset Service Articles, 1, e.g., one head of Kwikset Card (J).

Accordingly, the defendant committed an act of keeping access media while receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an unfavorable circumstance to the Defendant, inasmuch as the crime of this case is likely to be abused for a crime, such as the collection of collected physical cards, and the collection and storage of another’s access media, and the nature of the crime is not weak. As such, the crime of this case requires strict punishment for eradicating it, etc.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake in depth, is the same kind of crime before.

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