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(영문) 서울남부지방법원 2017.03.02 2016고단5307
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, on June 2016, the Defendant listened to the statement that “I will give KRW 1,500,000,000 on a day from a person without a personal name from a person without a personal name via a telephone call on the date, which was 10:0,000,000, around the 17:0 on June 23, 2016, Yeongdeungpo-gu, Seoul, Young-gu, Seoul, 102-ro 102-ro 13,00,000, to a person with a personal bank account under the name of the Defendant.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of remittance receipts, A national bank financial data reply statutes;

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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant’s access medium used to commit fraud; and (b) the amount of damage appears to reach about six million won; (c) the primary offender; and (d) other circumstances, such as motive and circumstances after committing the crime.

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