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(영문) 서울남부지방법원 2018.02.05 2017고단4498

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall lend, keep, deliver or distribute the cash cards and passwords used in the cash cards, the number of users registered in financial institutions, etc., which are access media in electronic financial transactions, by receiving, requesting or promising to receive compensation therefor.

Nevertheless, around 12:00 on May 29, 2017, the Defendant received KRW 200,000 in return for the use of 26,000,000 for 25 days from the Gangseo-gu Seoul Metropolitan Government and the Young High School, and issued Kwikset Services to the name-oriented person a new bank account (B) in the name of the Defendant, and a physical card and password connected to the national bank account (C).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes on search and seizure inspection warrant and reply;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The offense is not good in that the Defendant’s access media leased for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Education, etc. is actually used in committing the crime of telephone finance fraud, which has recently become a serious social issue.

However, the sentence was determined by comprehensively taking into account the fact that the defendant has not been punished as his previous forces, the fact that he has not received the consideration for a crime, the confession and reflect of a crime, and other various sentencing conditions shown in the records and arguments on changes such as the defendant's age, sex, environment and family relationship.

It is so decided as per Disposition for the above reasons.