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(영문) 서울남부지방법원 2017.03.23 2016고단6037
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three 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 person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On October 18, 2016, the Defendant is a foreign sports betting business entity that is called B's overseas sports betting business, and when lending a borrowed account for corporate funds, 300,000 won per week.

Around October 19, 2016, at the around the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government, he/she promised to receive three million won in return for lending the check card, etc. under the Defendant’s name. On October 14:32, 2016, Kwikset service provider, through Kwikset service provider, provided a cash card (Account Number: D) of the bank account (Account Number) in the name of the Defendant with the name of the Defendant and lent a medium of access to electronic financial transactions by promising to receive compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of transfer confirmation;

1. Application of Acts and subordinate statutes on response to financial data;

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 reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend a lecture is that the cash card, which is an access medium, leased by the defendant to a person who is not his/her name, has been used for committing a crime of financial fraud, etc. which has recently become a serious social problem.

However, the sentence was determined by comprehensively taking into account the following factors: the defendant is the first offender; the confession and reflect of the crime; the charge was not paid; the defendant's age, sex, environment, family relationship, and various sentencing conditions shown in the change theory.

It is so decided as per Disposition for the above reasons.

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