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(영문) 서울남부지방법원 2018.12.20 2018고단3816
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment 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 expressly provided for in any other Act, no person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing any access medium for electronic financial transactions.

Around April 16, 2018, the Defendant: (a) received a proposal from a person who assumes a false name in Korea Capital B, and sent a physical card from a person who wants to obtain a loan to obtain credit rating by accumulating transaction performance; (b) consented to obtaining a loan through this work; (c) around April 19, 2018, the Defendant sent a physical card connected to the National Bank Account (Account Number (C) in the name of the suspect at the Geumcheon post office located in Geumcheon-gu Seoul Metropolitan Government, as Geumcheon-gu, Seoul, to receive a loan; and (d) notified the password by telephone.

As a result, the Defendant promised to obtain intangible expected profit from future loans by raising credit rating through the details of deposit and withdrawal transactions, and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing factors indicated in the trial process of this case, such as Defendant’s age, sex, environment, criminal record, etc., including the confession of the crime with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the fact that there is no record of punishment for the same kind of crime or of punishment exceeding imprisonment, shall be determined as ordered by taking into account the sentencing factors

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