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(영문) 서울남부지방법원 2017.06.30 2017고단595

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or take over, or borrow, or store, deliver or distribute any access medium while receiving, demanding or promising any access medium, or store, deliver or distribute such medium, or lease, or store, transmit or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used for such purpose.

On December 2, 2016, the Defendant borrowed an access medium to Kwikset service articles who sent a cash card under the name of the Defendant to Kwikset service articles who did not have the name of the Defendant on the 19th day of Seoul Gangseo-gu, Seoul, with the proposal that “I will lend the account due to the problem of tax bomb, and will take 600,000 won if I lend the account for three days.” In response, around 17:00 of the same month, the Defendant promised to lend to Kwikset service articles with the name of the Defendant and notify him of the identification number.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The certificate of transfer confirmation, the details of total transactions, and the details of transactions;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. Determination of a sentence of community service order shall be made by taking into account the confession of the reason for sentencing under Article 62-2 of the Criminal Act, the background of the crime, the circumstances in which the account was used for the actual other crime, the amount of damage (58 million won), the record of the crime (5 times before the previous conviction of this paper), and other factors of sentencing, etc.