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(영문) 서울남부지방법원 2017.11.29 2017고단4703

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four 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

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising to receive, demand or promise the use or management of the access medium.

On July 6, 2017, the Defendant: (a) proposed that “B is a B, and that “I will immediately make a fee of KRW 900,000,000,000,000,000,000,0000,000,000.” (b) on the same day, at around 17:00, the Defendant promised to lend the access media to Kwikset service articles who sent two copies of the C, which are linked to the new bank account (D) and the new bank account (E) under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. - Detailed statement of deposit transactions;

1. Data replies to financial institutions;

1. - Application of Acts and subordinate statutes, such as account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 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. In recognition of the circumstances that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is actually used for other crimes and that it will be used for other illegal days, such as tax evasion, a sentence shall be imposed in consideration of the circumstances leading to the crime, the background leading up to the crime, the history of the crime, the circumstances after the crime, and other conditions of sentencing, such as the Defendant’s age and sexual behavior.