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(영문) 인천지방법원 2017.05.17 2016고단8645
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Nos. 3 and 8 of the evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

The Defendant received KRW 300,00 per day from the beginning of November 2016, and withdrawn the amount of damage from licensing with a physical card under the name of another person, and remitted the amount of damage to the licensing organization.

On December 7, 2016, the Defendant received and stored a copy of the Bank C C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s card to be used for committing the crime, and received and stored an access medium for the purpose of use

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Photographs of seized articles;

1. Details of the Kakao Stockholm dialogue with the victim;

1. Application of Acts and subordinate statutes to each investigation report (referring to cases of cream cards held by the person under his/her own name, investigations of deposit cards held by the person under his/her own name, and cases of certified color pocketbooks among seized articles);

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The crime of fraud by telephone finance, such as singinging the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, is committed in a variety of ways by taking part not only in the total liability but also in the act of subordinate staff such as withdrawal, remittance, solicitation of passbooks, and receipt and delivery of cards, and thus, in order to eradicate such crime, there is a need to seriously punish the act of participation and the act of gathering and keeping access media, which are the means of such act. The Defendant was aware that the crime of singing was committed by using the physical card it received by himself, and was involved in the crime, so the Defendant was punished against the Defendant.

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