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(영문) 인천지방법원 2019.05.30 2019고단1511
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 demand and supply compensation, promise or promise to use the means of access, or keep, deliver and distribute the means of access knowing that they are used for a crime, unless otherwise provided for in other Acts.

Nevertheless, the Defendant, even though he was aware that the check was used for the crime, such as money laundering, collected and distributed the check from “B”, and then withdrawn cash using the check card and promised to receive 50,000 won and 2% of the withdrawn amount per day for transfer. The Defendant, even though he was aware that the check was used for the crime, such as money laundering, had the intent to collect and deliver the check card.

1. Around 09:00 on March 11, 2019, the Defendant collected and kept 1 copy of C’s C’s C’s C’s C’s C’s C’ card (credit number E) that was kept in custody of the goods in the camping station located in Sung-gu, Sungnam-si, Sung-gu, Sungnam-gu, 903.

2. On March 12, 2019, around 09:53, the Defendant collected and preserved a H bank e-mail card (credit number J) and K bank e-mail card (credit number L) in the name of H, which was kept in custody under the direction of “B” from “G” located in Seocho-gu Seoul, Seocho-gu Seoul.

Accordingly, the Defendant collected and stored the means of access with the knowledge that it would be used in the crime at the same time as the Defendant promised to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report (along with the background of arrest of a suspect, and communication between a suspect's "M");

1. Efafaf;

1. Application of stack photographs, M photographs, and Acts and subordinate statutes;

1. Articles 49 (4) 2 and 6 (3) 2 of the relevant Electronic Financial Transactions Act concerning criminal facts (the custody of a means of access to a means of access to a cost promise) and Articles 49 (4) 2 and 6 (3) 3 of the relevant Electronic Financial Transactions Act (the custody of a means of access to a crime);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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