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(영문) 서울남부지방법원 2017.08.16 2017고단2225
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing any medium access to electronic financial transactions.

Nevertheless, the Defendant sent a check to the head of the Tong and the check card from a person who has no name.

On February 6, 2017, after receiving a proposal to the effect that the sum of KRW 6,00,000 per day between the month in which 200,000 is paid as consideration, and consenting thereto, around 15:00 on February 6, 2017, at the front of “W” located in Guro-gu Seoul, Guro-gu, Seoul, one head of Tong and one physical card, respectively, connected to the Defendant’s bank account under the name of the Defendant, were sent to the Nonindicted Party through Kwikkset’s services, and the password of the said account was notified to the Kakao Stockholm.

As a result, the Defendant promised to pay for the lending of electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the Y, Z, AA, AB, AC, AD, AE, AB, AF, AG, and AH;

1. The application of Acts and subordinate statutes of the specifications of transactions of automatically entering and withdrawing cash, the confirmation letter on the financial transaction (deposit) of the principal, the electronic financial transfer result, the statement of statement of transactions of automatically entering and withdrawing cash, the confirmation letter of the results of the electronic financial transfer, the inquiry of the results of the transfer, the check of the results of the transfer, the summary of the details of the transfer, the verification of

1. The act of lending an access medium as stated in the pertinent Article of the Act and Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions for the Punishment of Criminal Facts and the Determination of Punishment (Optional to Imprisonment) can be used for the crime of this case, such as singing, etc. In fact, considering that the Defendant’s act of lending the access medium is deemed to have committed multiple frauds through the Internet and trading site using the access medium leased by the Defendant, the nature of the crime is not somewhat weak.

However, the defendant reflects his mistake in depth, supports his wife and children as the most, and embezzlement on January 11, 2017.

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