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(영문) 서울남부지방법원 2017.05.18 2017고단409

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of the transaction, or lend or lease any access medium or keep, deliver or distribute such medium by receiving, demanding or promising any consideration.

In July 2016, the Defendant is the head of the tax management team of the clothing company, who is the head of the tax management team of the clothing company, and is the head of the Tong in order to be exempted from the corporate tax.

700,000 won per account shall be given per day loan, and shall be lent by two accounts per person and up to three days per person.

“To lend a e-mail card upon the proposal of the contents of “,” and to receive a fee, the e-mailed delivery book in the Gangseo-gu Seoul Metropolitan Government “D” coffee shop, i.e., one e., the e-mail card on the corporate bank account (E) in the name of the Defendant, along with the paper paper on which the password was entered, was sent to the e-mailer in the name of the Defendant, thereby making the e-mail-based access medium in the electronic financial transaction to receive the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiry into account holders (108 pages of investigation records);

1. CCTV data (164 pages of investigation records);

1. Application of Acts and subordinate statutes to copies of text messages;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend a lecture is that the physical card, which is an access medium, is used for the crime of financial fraud, etc. in which the defendant's name was lent to a person who has become a serious social problem, is not good.

However, the defendant.