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(영문) 서울남부지방법원 2017.08.09 2017고단1027
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

Except as otherwise provided for in any other Act, no person shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing any medium access to electronic financial transactions.

Nevertheless, around November 28, 2016, the Defendant sent the envelope card (C) linked to the Defendant’s name bank account in the front side of Yeongdeungpo-gu Seoul Metropolitan Government, to the effect that “I will pay KRW 1.5 million after 13-15,000 if I lend another person’s account because I need to collect liquor sales price,” from his name-free person via a mobile phone from his name-free person. On November 28, 2016, the Defendant sent the envelope (C) with Kwikkset Service, which indicated the instant password (C) and its password.

As a result, the Defendant promised to pay for the lending of electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation Report (Attachment to a detailed statement of deposit transactions), - Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. The fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was actually used for other crimes, and even if it was not anticipated that it will be used for Bosing, it appears that the approaching media would be leased with the awareness of the fact that it would be used for illegal work, such as tax evasion, etc.

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