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(영문) 서울중앙지방법원 2019.06.12 2018고단8441
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On June 14, 2017, the Defendant was sentenced to six months of imprisonment for larceny at the Seoul Central District Court on June 14, 2017, and completed the execution of the said sentence on October 4, 2017.

Except as otherwise provided for in any other Act, the means of access used in electronic financial transactions shall not be transferred.

Nevertheless, on May 2018, the Defendant received a proposal from a deceased police officer who was named as the first police officer to “be allowed to obtain a physical card at low interest,” and consented to the lending of the card at low interest, and on the same day, the Defendant transferred the means of access to the above person who was named in the name of the Defendant, with a physical card connected with the Defendant’s account under the name of the Defendant, to Kwikset Service Articles in front of the Seoul Jongno-gu subway 1 Station B Station.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of statutes governing judgment;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 35 of the Criminal Act include the following circumstances: (a) the Defendant actually committed a “singing” crime due to the means of access that the Defendant transferred; (b) the Defendant had the same affiliation as a suspended sentence; and (c) the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (d) the sentencing conditions indicated in the records of the instant case, such as the circumstances after the crime,

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