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(영문) 인천지방법원 2018.02.08 2017고단9618
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence Nos. 2 and 3 shall be confiscated.

Reasons

Punishment of the crime

On November 2017, the Defendant, on the first time, tried to receive KRW 7-100,000 per case from the person without his name, to deliver a physical card.

1. 피고인은 성명 불상 자로부터 ‘ 위 챗’ 을 통하여 체크카드 수거 및 전달 장소를 지정 받아 2017. 11. 9. 경 남양주시 E에 있는 F 병원 앞에서 신협 체크카드( 카드번호 G) 1매를 수거하여 서울 관악구 신림동 신림 역 물품보관함에 전달한 것을 비롯하여 그 무렵부터 2017. 12. 19.까지 위와 같은 방법으로 별지 범죄 일람표 기재와 같이 66회에 걸쳐 합계 101매의 체크카드를 전달하였다.

Accordingly, the Defendant promised to pay for the price and delivered the approaching media.

2. On December 19, 2017, the Defendant, in the same manner as described in paragraph 1, kept one check card (credit number I) of the Suhyup Bank in the front of the beneficiary church located in Nam-gu Incheon Metropolitan City, Nam-gu. 428.

Accordingly, the defendant has kept the approaching media while promising the consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Police seizure records and list of seizure;

1. Application of separate record Acts and subordinate statutes;

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

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

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the instant crime is organized and planned, and there is a high possibility of criticism in that it serves as the basis for other serious crimes.

It is inevitable to strictly punish because the number of crimes committed by the defendant in a short period and the number of access media stored and delivered by the defendant is very high.

Nevertheless, the defendant does not seem to have a strong attitude of reflection, such as requesting return of the cell phone which is provided for the crime and subject to forfeiture.

Therefore, the defendant is punished by imprisonment, and the defendant is the first offender, and the motive and circumstances of the crime are as follows.

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