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(영문) 서울남부지방법원 2017.05.26 2017고단1563
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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium while receiving, demanding or promising any consideration.

Nevertheless, on December 12, 2016, the Defendant offered a proposal to offer money from a person without his/her name to a third party for the lending of the passbook, and agreed to receive KRW 17,50,000 from the point of view of the Nam-gu, Nam-gu, Chungcheongnam-gu, the Nam-gu, the Nam-gu, Seoul, to receive KRW 43,00,00 from a third party for the lending of the passbook. On December 15, 2016, the Defendant delivered the physical card connected to the Defendant’s name bank account (Account Number: C) through Kwikset service.

As a result, the Defendant promised to receive the access media necessary for electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit without passbook;

1. Application of Acts and subordinate statutes to report internal investigation (the reply to financial information by the nominal holder of the passbook, such as details of account transactions);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant is repented in depth and that the defendant has no criminal record of the same kind);

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