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(영문) 서울남부지방법원 2017.04.13 2017고단522
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.

On November 2016, the Defendant leased a personal account on the following grounds: “C Company D’s agent, and Company failed to benefit from customs due to a rapid increase in the volume of logistics between China and Hong Congo,” in the Defendant’s residence of Gangseo-gu Seoul, Gangseo-gu, 107, 404, and the Defendant’s name.

On the 16th of the same month, as the defendant's bank account (E) and the new bank account (F) were sealed in each box on the 16th of the same month, as the defendant's name was not presented at the convenience store near the residence, the check was sent to the above person through Kwikset service article, and the password was sent to the above person through Kwikset service article, and the password was notified to the Kakao Stockholm Kakao Stockholm, thereby promising him to receive the access media in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to certificates of deposit transactions, and the results of search and seizure warrant reply;

1. Article 49 (4) 3 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The circumstances that are favorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order are the first offender.

0 Unfavorable circumstances: The access media leased by the Defendant was used for the criminal conduct of Bosing, resulting in the victim.

0. 0.

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