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(영문) 인천지방법원 2019.11.22 2019고단6619
전자금융거래법위반
Text

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

Of course, seized 50,00 won notes 6, 10,000 won notes 1, 5,000 won notes 7.

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, keep, deliver or distribute a means of access, request or promise to receive or use the means of access for a crime, or knowing that they are to be used for such crime.

Nevertheless, the Defendant promised to receive an amount equivalent to 5% of the withdrawn amount in the face of a telephone financial fraud (tentatively referred to as “singinging”) (tentatively named “Sing”) from a person with no name (tentatively named “B”), who received a check from another person, in accordance with his direction, and then withdrawn cash from a nearby financial institution, and subsequently, to receive an amount equivalent to 5% of the withdrawn amount in the face of a bank transfer to the person with no name.

1. On September 16, 2019, the Defendant, at the vicinity of the Gu C Building Parking Lots during Ansan-si, kept one copy of the No. D C C C C C C C C C C C C (the card number) from the Kwikwikset Service Articles.

Accordingly, the defendant committed an act of keeping a means of access in return for promising to be used in a crime.

2. On September 17, 2019, around 18:18, 2019, the Defendant, from Kwikset Service Articles in the name-free Kwikset service, deposited three physical cards, such as the No. G, No. G, the CF card (credit number H), I, the CF card in the name of the deceased, and one (credit number J), the CF card in the name of the deceased.

Accordingly, the defendant, knowing that he will be used in the crime, promised to keep the means of access in a lump sum.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Details of dialogue between the Kakao Stockholm and the telegram;

1. Application of Acts and subordinate statutes of the investigation report (Evidence No. 5,6,9 No. 5,00);

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation Article 48 of the Criminal Act

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