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(영문) 서울남부지방법원 2019.05.10 2019고단676
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 2018, the Defendant issued a proposal to the effect that he would pay KRW 80,000,000 per piece of money to be used for the purpose of collection of alcoholic beverages company,” from a person who was not the deceased in the name of the Defendant, and around October 16, 2018, around 15:00, he sent the physical card to the deceased in the name of the Defendant through Kwikset service article, which was linked to the corporate bank account (D) in the name of the Defendant in the presence of the Cju station in Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to notify the transfer certificate and the data on financial transaction status;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered by taking full account of various circumstances, including the fact that the means of access was used to commit the crime and the amount of damage was high, and the Defendant’s age, character and conduct, environment, motive and means of the crime, and consequence of the crime, as well as the circumstances after the crime, etc., which are the sentencing conditions shown in the records and arguments of this case, including the following circumstances.

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