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(영문) 서울남부지방법원 2018.02.20 2018고단396

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a 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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On June 2016, at around 2016, the Defendant: (a) received a request from B to the effect that “it is illegally staying in Korea and is in bad credit standing; (b) it is necessary to pay the head of the Tong; and (c) the Defendant transferred the head of the Tong, check card, and check card connected to the corporate bank account (C) in the name of the Defendant to B by means of opening the passbook and informing the password.”

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (to be submitted neither on the part of the defendant nor on the part of the corporate bank);

1. Application of Acts and subordinate statutes on a separate account list;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the account that the Defendant lent was used for the transaction of narcotics, and the result of the Defendant’s maternity appraisal was caused by the philophone training, etc. that are disadvantageous to the Defendant.

However, there are favorable circumstances such as the fact that no prosecution related to narcotics has been filed for reasons that it is impossible to specify the facts charged, and that there is no criminal record since the acquisition of the nationality of the Republic of Korea.

In full view of these various circumstances, the sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the defendant shall be punished by imprisonment and the execution of the sentence shall be suspended.

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