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(영문) 서울남부지방법원 2017.11.23 2017고단4174

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, around July 11, 2017, the Defendant received one million won per account at the airport parking lot located in Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone, and, through Kwikset services, lent its access media with an agreement to pay by issuing the personal bank account (C) in the name of the Defendant and the personal bank account (D) to the non-persons under the name of the Defendant through Kwikset services.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The authenticity and statement of the F;

1. Application of Acts and subordinate statutes to verify transaction details, requests for financial transaction information, replys to provide each account transaction information, and to take a Kakao Stockholm message;

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. The grounds for sentencing under Article 62(1) of the Criminal Act include the following: (a) the Defendant’s access media that leased the Defendant for the reasons for sentencing under Article 62(1) of the Criminal Act was used to commit the instant criminal act; and (b) the Defendant appears to have not obtained any profit from the instant criminal act; and (c) the circumstances after the commission