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(영문) 인천지방법원 2018.08.17 2018고단4904
전자금융거래법위반
Text

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

Seized evidence referred to in subparagraphs 2 and 3 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On January 7, 2016, the Defendant was sentenced to two months of imprisonment for fraud, etc. at the Seoul Central District Court, and six months of imprisonment, and completed the execution of the sentence on October 29, 2016.

[2] In using and managing an access medium for electronic financial transactions, no person may borrow or lend a access medium or store, deliver or distribute it with the knowledge that it is intended to use it for a crime or intended to be used for a crime.

피고인은 2018. 6. 경 ‘ 위 챗 ’에서 알게 된 성명 불상 자인 ‘C ’으로부터 타인 명의의 체크카드를 전달 받아 이를 특정한 장소 또는 인출 책에게 전달해 주는 역할을 해 주면 체크카드 1개 당 5만원을 주겠다는 제안을 받고 이를 수락하였다.

1. On June 25, 2018, the Defendant received orders from the above “C” on June 25, 2018, and kept a copy of the 300-gil-si, Seocheon-si, which was sent to the Defendant for the purpose of using the bitishing crime. In the vicinity of the department store, the Defendant received and kept a copy of the 1st page of the 300-si, Seocheon-si’s 300-si.

2. On June 25, 2018, at around 12:47, the Defendant continued to keep the Seocho Village, one apartment apartment, located in 168, the Gyeyang-gu Incheon Gyeyang-gu culture, in the vicinity of 314, the Defendant received and stored a bank body card (credit number E) 1 from the police officer of the Incheon Gyeyang Police Station for the purpose of using it for licensing.

As a result, the defendant kept access media with the knowledge that they will be used for crime or used for crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A criminal investigation report (Attachment to dialogue with the granting of a license license);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (prior convictions of suspects) Act and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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