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(영문) 서울남부지방법원 2017.09.20 2017고단2654
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing any medium access to electronic financial transactions.

Nevertheless, on March 2, 2017, around 11:20, the Defendant: (a) signed a physical card (C) connected to one bank account in the name of the Defendant, using Kwikkset service, who was offered a proposal and sent to the name of the deceased and sent to the name of the deceased, by “The bank account in the name of the third party is required to reduce and exempt taxes; (b) the bank account in the name of the third party is required to reduce and exempt taxes; and (c) the bank account will be used for three days if it was lent the passbook to receive payment; and (c) two million won.”

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. 수사보고 (D 의 범행 가담 경위) 및 카 톡, 위 챗 대화내용

1. 수사보고 (D 와 조직원 간 위 챗 대화내용) 및 위 챗 대화내용 사본

1. Efagics of CCTV data from modern department stores;

1. Application of the Act and subordinate statutes governing the Cze Card photographic of the KEB Card in the name of A;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, lending the access media as in the instant crime with the reason of sentencing under Article 62(1) of the Criminal Act can be used for the crime such as Bosing, etc., and considering the fact that the Defendant appears to have actually committed fraud using the access media, the crime’s nature is not somewhat weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant makes a confession of his/her mistake and reflects, that there is no past record of criminal punishment, and that there is no record of criminal punishment, and the sentencing conditions shown in the records

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