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(영문) 서울남부지방법원 2017.08.11 2017고단1581
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 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, the Defendant received a proposal from his name-free person to the effect that “I will pay KRW 3 million per month if I lend a bank account,” and accepted it, and then, on February 21, 2017, around 14:00, at the front day of “Ix City 25, U.S., Young-gu, Seoul, the 25-ro 13-ro 25, U.S.-ro 25, U.S., the Defendant sent Kwikkset a letter of check to his name-free person through Kwikset’s service, and sent the password of the above Kakao x.

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. C’s statement;

1. Application of the photographic Acts and subordinate statutes by cutting down a mobile phone text message to the victim and cutting down the suspect mobile phone Kakao Stockholm conversation;

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. In recognition of the fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is actually used for another crime, and that even if it was not anticipated that it will be used for Bosing, it would be deemed that the approaching medium would be leased with the awareness that it would be used for illegal work, such as tax evasion or illegal gambling, and that it would be used for the illegal day, the record of the crime (original offence), and other conditions of sentencing.

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