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(영문) 서울남부지방법원 2017.01.12 2016고단5154

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 other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, at around 14:00 on June 14, 2016, the Defendant received KRW 2 million in return for lending the account to the name in the second floor of the building B in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu. On the top of the second floor of the building B, the Defendant transferred to Kwikset Service Officer who sent the name in return for lending the account, one check card linked to the Agricultural Cooperative (D) account in the name of the Defendant.

As a result, the Defendant promised to pay for the price, and used the approaching media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following factors are considered: (a) the Defendant’s access media leased to the Defendant for the purpose of sentencing under Article 62(1) of the suspended sentence: (b) the Defendant could have anticipated that the access media it leased would not be used normally; and (c) the Defendant was not guilty in addition to punishment twice by a fine; and (d) other conditions of sentencing, including the motive for the crime and the