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(영문) 인천지방법원 2020.05.21 2020고단2786
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

피고인은 2020. 2. 18.경 구인광고 사이트를 통해 알게 된 성명불상자(위쳇 대화명 ‘B’)로부터 ‘지정장소에 포장된 박스를 열고 체크카드를 수거하여 소지하고 있다가, 돈이 입금되면 지정된 은행에서 이를 인출한 후 2%의 수수료를 떼고 지정된 계좌에 송금을 하는 일’을 제안받고 이를 수락하였다.

On March 24, 2020, in order to withdraw the amount of damage from crime, such as telephone financial fraud, at the D convenience store located in Gyeonggi-si, the Defendant received and kept the e-mail card in the name of the account holder E (F) from the employee of the convenience store in his/her name, and had already been collected and kept six copies of the e-mail card in the name of the account holder (i) the e-mail card in the name of the deceased, (ii) the e-mail card in the name of the G bank (H), (iii) the e-mail card in the name of the I bank (K), (iv) the e-mail card in the name of the L bank (N: card number), (v) the e-mail card in the name of the P bank (CP number), and (vi) the e-mail card in the name of the U.S. bank (credit number : card number).

Accordingly, the defendant kept the means of access with knowledge that it will be used for crime purposes or crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the examination of partial police officers of the accused;

1. Records of seizure and the list of seizure;

1. Report on each investigation (the analysis of seized goods for the purpose of searching cash held by a suspect and certifying a suspect's point of suspicion of an offense);

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

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

1. Determination on the Defendant’s and defense counsel’s assertion of punishment alternative imprisonment

1. The defendant and his defense counsel's assertion that the cream card kept by the defendant and his defense counsel are involved in tax evasion.

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