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(영문) 서울남부지방법원 2018.01.17 2017고단5049

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall lend, keep, deliver or distribute 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 a financial institution, etc. by receiving, requesting or promising to receive, request or promise any consideration.

Nevertheless, on February 23, 2017, the Defendant received a passbook from a person in distress and delivered it to him/her as instructed by him/her in his/her name while keeping the passbook in front of the Incheon Gyeyang-gu Hospital on February 23, 2017, under the condition that he/she would receive a fee, he/she kept a total of 16 physical cards, including Kwikset's Bank C Card (C) from a person in distress of name, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of the police against D, E, or F;

1. Application of Acts and subordinate statutes on card photographs;

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 (or choice of imprisonment);

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 keeping a media access to the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is unfavorable under the circumstances, such as that it undermines the general trust of the society with respect to the person under the name of the financial transaction and enables so-called phishing crimes with serious social harm, and that the cream card kept by the Defendant is up to 16 copies.

However, the defendant is a primary offender, the fact that the defendant has not committed a crime using the physical card kept by him/her, the fact that the defendant is against his/her will, etc. shall be considered in favorable circumstances, and other sentencing conditions in the records, such as the age, sex, environment, etc. of the defendant, shall be determined like the order.