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(영문) 서울남부지방법원 2017.05.17 2017고단430

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, on December 16, 2016, the Defendant listened to the phrase “on the part of the Defendant, who operates alcoholic beverage business” from a person in an irregular name via a telephone call, “on the part of the Defendant’s name, if he lends his account because there are many necessary accounts to get alcoholic beverage tax reduced or exempted.” From December 16, 2016, at around 19:00, Gangseo-gu Seoul Metropolitan Government B apartment 1002, around December 16, 2016, the Defendant sent the name of the Non-Party via Kwikkkset’s name and service at once, linked to the Defendant’s one bank account (C) and connected to the Defendant’s name (D) account, and one physical card connected to the Defendant’s bank account (E).

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. H’s petition;

1. Application of statutes on details of each transaction and account transaction;

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 act of lending the access media on the grounds of sentencing under Article 62(1) of the Criminal Act with the instant crime on the grounds of suspended sentence under Article 62(1) of the Criminal Act can be used for the crime, such as Bosing, etc., and considering the fact that the four heads of the physical card leased by the Defendant appear to have been used for the crime of fraud, the crime’s nature is not less

However, the defendant reflects his mistake in depth, there is no past history of criminal punishment, the victim I of the fraudulent act using the check card connected to the account of our bank does not want the punishment of the defendant, the defendant lives alone without his family, and is in an economically difficult situation.