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(영문) 서울남부지방법원 2018.12.20 2018고단5809
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on May 10, 2018, the defendant tried to use the current head of the Tong and the check card in order to obtain tax reduction from a person who is in a name-free situation.

Around May 17, 2018, the head of the Tong, the Cze Card, and the head of the Tong, the Cze Card, and the Cze Card, agreed to provide the Kwikseter service article with the Kwikseter with the Kwikseter's own bank account (C) in Gangnam-gu Seoul around May 17, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Search and seizure inspection warrant and reply (A);

1. Request for cooperation with each investigation (CCTV image data) and the application of statutes on response to respective investigation cooperation and response;

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 suspended execution;

1. The act of lending a medium of access to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act is highly likely to be used for a crime such as tax evasion, gambling, and phishing, and thus, the crime is highly likely to be committed. In fact, the Defendant’s access media was used for the phishing fraud crime, and the victim was the victim.

In 2015, the Defendant was investigated by committing a violation of the Electronic Financial Transactions Act relating to access media, but was subject to a disposition of non-suspecting on the ground that it cannot be seen as a final transfer of access media.

Thus, the Defendant recognized the illegality of the violation of the Electronic Financial Transactions Act relating to a rough access medium in the course of investigation.

Although it is reasonable to see that it is more serious to commit a crime.

However, the defendant seems to have no profit from the crime, the defendant has no other criminal record, and the motive and motive of the crime.

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