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(영문) 서울남부지방법원 2018.01.09 2017고단4770
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That 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 other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising to receive, demand or promise the use or management of the access medium.

On April 18, 2017, the Defendant sent a text message to the effect that “on the part of his name, he operates a company, and transfers the e-mail card to low-income earners to transfer the e-mail card to KRW 3 million per 3 million per 1 e-mail,” and in response, around the 19th day of the same month, the Defendant lent the access medium by sending the e-mail card connected with the Defendant’s bank account (D) to Kwikset service article, who sent the above name and sent the e-mail card to Kwikset service article.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage to E and a written statement;

1. Application of Acts and subordinate statutes to the details of transactions, provision of financial transaction information, certificates of deposit transaction performance, and detailed statements for the transfer of Internet banking transfer;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (to lend a medium of access to consideration and to choose a sentence of imprisonment);

1. Article 62 (1) of the Criminal Act (Consideration of the beginning crime, the scale of damage, etc.);

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