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(영문) 서울남부지방법원 2018.01.09 2017고단5319

전자금융거래법위반

Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising to receive, demand or promise the use or management of the access medium.

On March 16, 2016, the Defendant received a new or a remote account that did not receive a reduction or exemption of liquor tax from a person in the name of the deceased on March 16, 2016, and paid 10% by daily settlement of the receipt cost.

At around 10:16 on the same day, “Along with the proposal of “,” and, at around 10:16 on the same day, leased an access medium to Kwikset service article with a promise to transfer the physical card connected to the (B) account under the name of the Defendant to the new bank (B) account in the name of the Defendant in front of the fact-finding of the modern department store in Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s authentic statements and written statements;

1. Application of statutes on financial transaction information;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (to lend a medium of access to consideration and to choose a sentence of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration to the fact that the consideration for the lending of initial crimes and access media has not been acquired);

1. The community service order under Article 62-2 of the Criminal Act;