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(영문) 서울중앙지방법원 2017.12.08 2017고단7265
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

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, around 12:00 on September 5, 2017, the Defendant received 3 million won from a person who was unaware of his name before Jung-gu apartment B, Seoul, and sent the physical card 1 and password of the National Bank Account (C) in the name of the Defendant using Kwikset service.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Detailed statement of transfer of Internet banking, and application of Acts and subordinate statutes on public receipts;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the act of lending is strictly punished as a means of another crime, such as where the media of access to the instant case is actually used to commit fraud, but it shall be taken into account the fact that the Defendant acknowledges and reflects his/her mistake, the fact that the Defendant has no record of being punished

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