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(영문) 서울서부지방법원 2015.11.05 2015고단2270

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any cash card or passbook attached with his/her belt, etc., which is the means of electronic financial transactions, or set a pledge, or lend or take a lending of such means of access in return for any consideration, or arrange such lending or taking such means of access.

Nevertheless, around 09:00 on June 12, 2015, the Defendant promised to receive two million won from Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and lent cash cards and passwords of the Defendant’s name Suhyup Bank D account to a person whose name is unknown through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on transaction statements;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. In light of the circumstances, such as the fact that the criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act are three times and that the account transferred by the defendant is used for the crime of Bosing, the sentence of this case shall be selected as ordered by considering the following: (a) the defendant does not have any criminal records beyond the fine and does not have any criminal records; and (b) it appears that the defendant would not have any direct participation in the crime of licensing, and (c) the defendant would not have any direct participation, such as the age, character and conduct