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(영문) 인천지방법원 2019.08.09 2019고단3816
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around April 12, 2019, the Defendant received a proposal from “B” and received money from “2% of the face-to-face withdrawal from withdrawal of money from another person’s body card,” and received transportation expenses. On April 15, 2019, the Defendant received and kept one copy of the C-to-face Card of a National Bank in the name of E from an injured person at the D-type located in Incheon Dong-gu, Nam-gu, Incheon. On April 16, 2019, the Defendant continued to keep one copy of the C-to-be card (credit number F) in the name of E from the injured person, and kept one copy of the C-to-be card (credit number I) in the name of H around the 3-dong community service center in the Jeju-ro, Michuhol-gu, Incheon.

As a result, the Defendant promised to retain the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Cze check photographs and J conversations;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the Defendant on the basis of the Defendant’s payment of the price in accordance with the direction of Bosing staff. The method of the crime is organized and planned, and thus, the nature of the crime is not good.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The period of crime is relatively short, and the profits of the defendant are not likely to be relatively high.

The children of the defendant want to take the lead to the defendant and the wife.

Defendant has no record of punishment for the same kind of crime.

In the above circumstances, the defendant's character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime are included in the trial process of this case.

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