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(영문) 인천지방법원 2019.11.21 2019고단6675
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On September 11, 2019, the Defendant accepted the proposal that “If he withdraws cash after receiving the check from the recipient of the check, he shall pay 3% of the cash amount per case as allowances.” On September 23, 2019, the Defendant kept one copy of the national bank e-mail card (credit number G) in the name of the F, which was placed on the post box in D E-dong, from the recipient of the check.”

Accordingly, the Defendant committed an act of keeping means of access while receiving or promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Investigation report (report on the suspect's crimes and actions at the scene of arrest);

1. Investigation report (Analysis of the suspect's smartphone sculp sculp sculp sculp sculp sculp sc

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act, the grounds for sentencing of imprisonment with prison labor;

1. Scope of recommendation [decision of types] according to sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act / [Type 2] Offense for Business, Organization, and Use of Crime [Scope of Recommendation Area and Recommendation] Basic Field, 6 months through one year and 6 months [general person] - Reduction element of punishment: No record of criminal punishment;

2. Determination of sentence: Ten months of imprisonment (the contents of the crime committed on the basis of the above sentencing, the reasons for the crime in the judgment, the fact that the crime in the judgment requires strict punishment as it is used as a means, such as hosting and washing of illegal funds, the fact that the defendant was not arrested until his/her actual withdrawal, the age of the defendant, motive and circumstance of the crime, etc.).

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