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서울남부지방법원 2018.12.07 2018고단1146
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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 other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

On December 12, 2017, the Defendant: “The head of the Tong is required to pay taxes on liquor taxes, and the head of the Tong will be paid KRW 600,000 per day per week from the week from the lending of the passbook.” On December 18, 2017, the Defendant lent the access media by promising Kwikset’s service article with the title of the Defendant’s title in front of Gangseo-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on trading specification lists;

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 were led to confessions by the Defendant, and the Defendant was not guilty. However, the Defendant was sentenced to punishment by taking account of the following circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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