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(영문) 서울서부지방법원 2018.05.24 2018고단564

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

Criminal facts

Except as otherwise provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising the payment thereof in using or managing access medium for electronic financial transactions.

On April 7, 2017, the Defendant: (a) received a text message to the effect that he would offer KRW 3 million to a game company “on the face of a month from a person without his name; (b) received the text message to the effect that he would give him a face value at the location of the Defendant’s residence located in Seodaemun-gu Seoul, Seoul; and (c) sent a physical card connected with the Defendant’s name bank account (D) at around 19:00 on the same day through a door-to-door engineer; and (d) sent a password to a person without his name via a telephone conversation.

Accordingly, the defendant promised to pay the price and lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on verification of deposit and response to requests for the provision of financial transaction information;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (or choice of imprisonment);

1. Suspension of execution: The reason for sentencing under Article 62(1) of the Criminal Act [favorable circumstances] is of the same kind of history for which the suspension of indictment is imposed; the access media leased by the defendant is used for the crime of telephone financing fraud; the defendant gains a benefit of one million won due to the crime of this case [a favorable circumstance] without criminal punishment; serious reflectness; and the detention of the defendant entails excessive difficulty to his dependants;