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(영문) 서울남부지방법원 2017.12.06 2017고단5055
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 other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising to receive, demand or promise the use or management of the access medium.

On May 2017, the Defendant would provide 40,00 won per page card from a person who has no name to the name.

On May 18, 2017, at around 16:00 on May 18, 2017, “Along with the proposal of “,” a person in whose name the eck cards connected to the account of Defendant’s name was transferred to the bank (C) account of Defendant’s name in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with the promise of compensation, lent the access media.

Summary of Evidence

1. Partial statement of the defendant;

1. D's self-written statements;

1. Application of Acts and subordinate statutes governing deposit verification;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

1. The act of transferring the media access to the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is disadvantageous to the Defendant, such as the fact that the act of transferring the media undermines the general trust of the society with respect to the person under the name of financial transaction and makes it possible to commit so-called phishing crimes, and the fact that the Defendant actually committed a crime using the access media.

However, it shall be considered that the defendant is a primary offender and reflective points, etc. in favorable circumstances, and the punishment shall be determined as ordered in consideration of the age, sex, environment, etc. of the defendant, and the sentencing conditions shown in the records.

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