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(영문) 인천지방법원 2017.01.25 2016고단7800
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed 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 other Acts, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, the Defendants responded to the proposal that the 4-50,000 won per case will be given to the owner of the personal data who was known through the Internet search when they were directed to the living room around November 2016.

1. On November 11, 2016, the Defendants conspired to deliver one copy of the national card under the name of J (K) and one copy of the Korean card (L) in the name of J (L) from the person in the name in the name in the vicinity of the I convenience store located in Seocheon-si, Seocheon-si on November 11, 2016, and keep it in custody to deliver it again to the person in the name in the name in return for a promise to receive a payment.

2. On November 11, 2016, around 14:10, the Defendants conspired to deliver O-registered cards (P) 1 and O-registered agricultural cooperative cards (P) 1, and keep them in order to deliver them to non-personally in collusion, and received and stored an access medium in return for promise.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions, Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Determination as to the assertion by the Defendant A, the defendant under Article 62-2 of the Criminal Act and the observation of protection and the community service order

1. The facts charged as stated in paragraph 2 of the alleged facts charged asserts that since it is a naval investigation conducted with the help of a police officer to arrest the criminal, it is illegal prosecution.

2. The so-called "ship investigation" is called.

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