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(영문) 서울남부지방법원 2017.05.25 2017고단600

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

No person shall lend any access medium while demanding, demanding or promising the consideration.

On December 29, 2016, at around 18:00, the Defendant promised to open the Guro-gu Seoul Metropolitan Government 11-14, to receive KRW 100-2,000 per account from a person who assumes the false name of a construction material dealer, and sent his name to the Defendant through Kwikset service engineer, and sent 1,00-2,00,000 won per each bank account of the Defendant’s name. The Defendant sent 1,00-2,000 won per bank account (B), 1, 1,000 of the new bank account (C), and 1,000 of the national bank account (D), and notified the password by telephone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A copy of the identification of transactions with the Korean bank;

1. Inquiries about details of current liquidity transactions at the new bank;

1. Application of Acts and subordinate statutes on account transactions with national banks;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, is that the crime is not good in that the head of the physical card, which is the access medium that the defendant lends to a person who is not his/her name, has been actually used for committing the crime of financial fraud, etc. which is becoming a serious

However, the sentence was determined by comprehensively taking into account the following factors: the defendant is the first offender; the confession and reflect of the crime; the charge was not paid; the defendant's age, sex, environment, family relationship, and various sentencing conditions shown in the change theory.

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