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(영문) 인천지방법원 2020.02.12 2019고단9132
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On November 30, 2018, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Suwon District Court’s Ansan Branch, and on May 31, 2019, the Defendant completed the enforcement of the sentence in a female prison.

【Criminal Facts】

No one shall keep, deliver or distribute a means of access in return for the receipt, request or promise of compensation for the use and management of the means of access.

Nevertheless, on November 23, 2019, the Defendant accepted a proposal from the Defendant, “If the Defendant works as an employee of an illegal loan company and collects the check card under another’s name, it would give KRW 400 to five million per month.”

1. At around 17:10 on November 25, 2019, the Defendant: (a) received and kept a bank body card (F) under the name of E from the Kwikset Service Articles near the Da elementary school located in Ansan-gu, Ansan-si. C.

2. On November 26, 2019, at around 15:53, the Defendant kept 924 and 2nd floor of the Suwon-si, Suwon-si, Suwon-si, in a custody of the second floor of the Suwon-si, and kept a new bank cream card (H) in the name of G.

Accordingly, the defendant agreed to keep two physical cards, a means of access, in return for compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A list of telegram dialogues with G and I, a copy of a photo of a new bank card in the name of G, and an investigation report (No. 1, 3, 13 in order);

1. Records of seizure, list of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, the Defendant’s liability is the same in light of the circumstances and contents of the instant crime, in light of the following: (a) the Defendant’s promise to pay for the crime of sentencing under the former part of Article 37; (b) Articles 38(1)2 and 50 of the Criminal Act; and (c) the Defendant received or collected the check card

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