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(영문) 서울남부지방법원 2017.01.11 2016고단4916

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On July 13, 2016, the Defendant:

7. 14. 14. Telephone Co., Ltd., which was a slope numbered, transferred to us a e-mail card from the person without his name to us, and upon receipt of a proposal stating that us would withdraw cash by using the e-mail card and deposit the cash so withdrawn into us in the account of the Defendant’s name that was in excess of us,” and promised to receive 5% of the cash that was withdrawn in return for lending the e-mail card under the Defendant’s name as above. At around 13:20 of the same month, around the 18. 13.20th of the same month, at the C tea shop in Yangcheon-gu Seoul Metropolitan Government, the above e-mail card was received from the e-mailer’s name, and the e-mail card was received from the e-mailer’s bank account (E) and one e-mail card was transferred to us, and the e-mail was received from e-mail access to each account.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of D by the prosecution;

1. Copy of the statement made to G by the police;

1. Application of Acts and subordinate statutes, such as inquiries about details of transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 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 imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, lending the access media as in the instant crime with the reason of sentencing under Article 62(1) of the Criminal Act can be used for the crime such as Bosing, etc., and considering the fact that the Defendant appears to have actually committed fraud using the access media, the crime’s nature is not somewhat weak.

However, the defendant himself.