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(영문) 서울남부지방법원 2017.08.18 2017고단282

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall transfer any access medium.

On November 1, 2016, around the residence of the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant received 2 million won from a person who misrepresented himself/herself as a liquor company, and issued the physical card and password of the National Bank Account (C) in the name of the Defendant through Kwikset Service Articles.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a list of details of each transaction and a list of customer information;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Act on the elective Electronic Financial Transactions, and the choice of imprisonment (see, e.g., Supreme Court Decision 2009Do4414, Apr. 1, 2009; Supreme Court Decision 2009Do4799, Apr. 2, 2009).

1. Article 62 (1) of the Criminal Act on the suspension of execution (Confession, beginning crime, and considering the circumstances of crimes);