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(영문) 서울남부지방법원 2018.12.12 2018고단3183

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years 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 borrow or lend any access medium with his/her promise to use and manage the access medium.

Nevertheless, around April 10, 2018, the Defendant received an advertising message from the Defendant’s home, Geumcheon-gu Seoul Metropolitan Government apartment complex B 5, 522, 1901, stating that “If the Defendant sent a non-use passbook, he will use it for 3 to 5 days, and pay a maximum of 3 million won, which is 10% of the total of 10%,” and then sent it to the Defendant through the Articles of Kwikset and Kwikset’s service, through the Defendant’s bank account (C) and the new bank account (D and E).

Accordingly, the Defendant promised to receive the above compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A copy of the F Document;

1. A detailed statement on the transfer of damage;

1. Search warrant and reply materials (written provision of financial transaction information and certificates of deposit transaction records);

1. Application of the statutes on dialogue details

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending an access medium) applicable to 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. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is not likely to be committed by leasing a medium of access to the so-called Bosing crimes or Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The above circumstances and the circumstances leading the Defendant to the instant crime, the method and content of the crime, the circumstances after the crime, and the records of the Defendant’s punishment.