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(영문) 서울남부지방법원 2017.06.08 2017고단78

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor on August 10, 2016 at the Seoul Central District Court on fraud, etc., and on March 22, 2017, the said judgment became final and conclusive.

On November 2016, the Defendant would pay 10% of the amount per day of each account when leasing the check card from the name of C Employee D around November 2016 to the day, and pay KRW 2 million after using it for 3 days in total.

“On the receipt of text messages,” the Defendant had expressed his mind to lend an access medium connected to the account in the name of the Defendant to the said D.

On the 21th day of the same month, the Defendant sent a e-mail card linked to the corporate bank account (F) in the name of the Defendant through Kwikset Service Delivery Board, whose name is unknown.

Accordingly, the defendant loaned the access media for electronic financial transactions in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. An application form for opening an account and a detailed statement of transactions;

1. Previous conviction: Inquiry about criminal history, inquiry about summary information of case, and application of the text of the judgment;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending the electronic financial transaction access media to another person is likely to cause damage to many and unspecified persons because it can be used for fraud crimes, such as singing, etc., in fact, although there are unfavorable circumstances, such as the fact that the account of the access media that the Defendant leased was used for the crime of fraud, the suspension of payment seems to be possible due to the occurrence of suspension of payment, the fact that the Defendant is recognized as committing the instant crime and is against depth, and that the equity is to be considered with the case where the judgment is rendered simultaneously with the suspended sentence that became final and conclusive.