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(영문) 서울남부지방법원 2018.06.20 2018고단1168
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 23, 2018, Defendant 2018, 2018, Defendant 1168, who received a letter from a person in the name name, lent a accessible medium from the account and received cash. On January 23, 2018, the fire 5, located in the Gangseo-gu Seoul Metropolitan Government Fire-Fightingdong, sent a physical card connected with the Defendant’s bank account (C) at the entrance of the apartment, and sent a password to a person in the name name, using the method of sending it to the delivery officer of Kwikkset Service.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

2. On January 22, 2018, Defendant 2018, 2018, Defendant 1714, who received a letter from a person in the name name, lent an access medium to the account and thought to acquire cash. On January 22, 2018, the fire 5 apartment complex located in Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, 287-19, on the front of the 505 apartment site, Defendant 2018, sent a physical card connected to the new bank account (D) in the name of the Defendant to the person in the name name, and sent the password to the person in the name of the Defendant as a text message.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. E statements;

1. A detailed statement of entry and withdrawal transactions;

1. Application of Acts and subordinate statutes on deposit receipts;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Specialized Financial Transactions (or Selection of Imprisonment with prison labor) concerning facts constituting an offense and Article 49 (4) 2 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., are recognized to a certain extent, and the Defendant committed the instant crime, and deposits into its account after committing the instant crime.

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