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(영문) 서울남부지방법원 2017.09.21 2017고단3618

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for a period of five 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 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.

Nevertheless, on February 2017, the Defendant received a proposal from a person who was in the name of the deceased in order to pay three million won per week of the transfer of the physical card to the police officer, and consented to the proposal. On February 24, 2017, the Defendant issued Kwikset’s new bank account (D) and corporate bank account (E) to the deceased in the name of the Defendant through Kwikset’s service before the Hospital located in Pyeongtaek-si B.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to two copies of transaction specifications and internal investigation reports (the result of execution of a warrant of search and seizure);

1. Article 49 (4) 1 and Article 6 (3) 1 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 following circumstances are taken into account: (a) the financial account transferred by the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was used for the criminal act of Bosing; (b) there was no criminal record other than fines on three occasions; and (c) the Defendant’s age, environment, motive for the crime, and circumstances after