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(영문) 서울남부지방법원 2017.08.25 2017고단2626
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 one shall borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium while receiving, demanding or promising any consideration.

Nevertheless, on February 17, 2017 to 18, the Defendant: (a) received a written message from a person without the name of the Defendant who borrowed a passbook to offer KRW 50,000 per day of the account; (b) lent an approaching medium to acquire cash; and (c) promised to receive KRW 50,000 per day of the approaching medium in front of the building with Ansan-si, Ansan-si, 1050 on February 21, 2017, and received KRW 50,000 in total in return for lending of the approaching medium.

As a result, the Defendant received and paid the price for the access media necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of separate transactions by account (No. 87 No. 133);

1. Application of the statutes on a copy of the Kakao Stockholm conversation;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was actually used for another crime, and even if it was not anticipated that it will be used for the occurrence of a large number of victims, and for the operation of the gambling site, lending an access medium with the knowledge that it would be used in the crime, such as illegal gambling site operation. In addition, the above circumstances and circumstances are determined by taking into account the circumstances such as the background leading up to the crime, the record of the crime (the first crime), the circumstances after the crime, and other circumstances after the crime, and other conditions of sentencing such as the defendant’s age and sexual behavior.

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