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(영문) 서울남부지방법원 2017.11.30 2017고단4144

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years 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 electronic financial transactions, a user number registered in financial institutions, etc.

On February 13, 2017, the Defendant issued and transferred a physical card linked to the new bank account (F), the national bank account (G), and the one bank account (H) account (H), through Kwikset Co., Ltd., under the condition that Kwikset Co., Ltd., who assumes the international crude oil E, receives KRW 1 million per account from a person in a false name, who assumes the name and assumes the name and assumes the name and assumes the account.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police to I and J;

1. A protocol concerning the examination of suspect of the police to K;

1. Copies of each police statement made against L, M or N;

1. Application of Acts and subordinate statutes to copies of the O statements;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant asserts that he/she was physically and mentally weak in lack of intellectual ability at the time of committing the instant crime.

According to the records, the defendant was diagnosed as a stimulative disorder on February 2009, and around May 4, 2017, it is recognized that he was judged as a 3rd level of mental disorder.

However, the above circumstance alone is that the defendant was in a state of mental and physical weakness even at the time of committing the instant crime.

Since it is insufficient to view it, the above assertion by the defendant is rejected.

The reason for sentencing is that the crime is not good in that the access media that the defendant transfers to a person who is not his name is actually used for the crime of financial fraud, etc. which has recently become a serious social problem.

However, the defendant has not been punished as his previous forces, has been diagnosed as a stimulative disorder, and is a disabled person of the third level with mental disorder, and commits a crime.