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(영문) 서울남부지방법원 2017.12.07 2017고단264 (1)
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for a period of two years 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.

On December 20, 2016, the Defendant borrowed money from another person’s account because of the fact that there was a large amount of taxes from the company due to the mobile phone and Kakakao Stockholm from the person in a name in the dwelling of the Defendant located in Seo-gu, Seo-gu, Seo-gu. B.

On the 28th of the same month, Kwikset service provider, who was found to receive a request from the above person in front of the above office, agreed to provide a physical card to the defendant's name bank account (C) to the above person in the name of the defendant, to deliver the physical card to the above person in the name of the defendant, to the above person in the name of the defendant in the name of the defendant, and to notify the Kakao Stockholm Stockholm to the above person in the name of the defendant in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the records of seizure, lists of seizure, investigation reports (related to the place of seizure and photographs of seized articles), and results of transfer management;

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 concerning the selection of punishment, the selection of imprisonment;

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

1. The community service order under Article 62-2 of the Criminal Act;

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