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(영문) 수원지방법원 안산지원 2018.04.26 2018고단420
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any electronic financial transaction access medium, knowing that such medium is to be used for a crime or to be used in such crime.

Nevertheless, on April 17, 2017, the Defendant received a door-to-door gambling with an access medium, such as a physical card, used for telephone financing fraud, and accepted the proposal to pay KRW 50,000 won per the face-to-face delivery to the person who instructed the above person.

On April 25, 2017, at around 17:00, the Defendant kept one copy of the name in front of the D convenience store in Suwon-si, Suwon-si, for the purpose of transmitting it to the Defendant’s personal body card (F) in the name-free Kwikset service provider’s name. On the same day, the Defendant continued to hold one copy of the G IBK Bank C Card (H) in the high-speed office in the name-free personal seat number of 270 as at around 17:30 of the same day. At around 17:45 of the same day, the Defendant kept one copy of the G IBK Bank C Card in the name-free personal name from the non-official to deliver it. At around 18:45 of the same day, the Defendant continued to possess one copy of the FG card in the name-free passenger’s name-free passenger’s name with the aim of delivering it to the Plaintiff.

The Defendant kept four copies of the access media of electronic financial transactions, knowing that they will be used in the above crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Gambling cards and body-related photographs containing physical cards;

1. 위 쳇 대화 사진

1. Application of seizure records and list statutes;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of the penalty;

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