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(영문) 서울남부지방법원 2017.05.17 2016고단5366
전자금융거래법위반
Text

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

However, the execution of the above punishment 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 expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising any compensation.

Nevertheless, on August 1, 2016, the Defendant received text messages that would provide money for lending a non-regular light card, and agreed to receive KRW 3 million on the condition that he lends one check connected to the Defendant’s name bank account (B) for one month, and delivered one copy of the above check through Kwikset prior to Yeongdeungpo-gu Seoul Metropolitan Government DMat on the same day.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Smart banking photographs;

1. Application of the Acts and subordinate statutes on warrant response materials;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act (one fine for the same kind of crime before two years, and two or more crimes shall be investigated or subject to criminal punishment). The actual facts used for licensing crimes, the circumstances leading to the commission of the crime, the method and means of the crime, the circumstances after the crime, and other various circumstances, which form the conditions for sentencing as shown in the records and theories of the instant case, such as the Defendant’s age and sexual behavior, shall be determined as ordered, taking into account the various circumstances.

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