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(영문) 서울남부지방법원 2018.01.11 2017고단4691

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 transfer or take over, or set up a pledge on, a cash card or a password used in the cash card which is an access medium in an electronic financial transaction, a user number registered in a financial institution, etc.

On April 13, 2017, the Defendant would give KRW 2,100,00,000 to the account of transfer of the borrowed name account to recover the sales price of the company.

“After receipt of the proposal,” and thereafter, before the GEB Station in Gangseo-gu Seoul Metropolitan City, delivered a letter of check to the name in the name of the defendant, and transferred it to the name in the name of the defendant, the KEB bank account (B).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on financial account transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

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 Defendant actually used to commit the crime of financial fraud, etc. in which the access media that the Defendant lent to a person who is not his/her name has recently become a serious

However, the sentence was determined by comprehensively taking into account the fact that the defendant has not been punished as his previous forces, the confession and reflect of the crime, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, family relation, etc.

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