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(영문) 서울남부지방법원 2017.01.18 2016고단4637
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer or take over any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of such transaction, or lend or lease any access medium or keep, deliver or distribute such an access medium in return for payment, demand or promise.

On June 1, 2016, the Defendant is a “B” company that sells alcoholic beverages from a person in the name of the Defendant, and the account is needed to reduce taxes.

On the same day, Kwikset service provider, who was asked to receive the above name in the vicinity of the new market in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, received 1,00,000 won per cell phone text message stating that he will use the account for one month and pay 1,00,000 won per one account, and received 1,000,000 won per account by communicating the above name to the above person. On the same day, 2 kwikset-based card for the new bank account (C) and (D) account in the name of the defendant in the name of the defendant, sent to the above person in the name of the defendant, and then sent the account number and password to the above person in the name of the bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F preparation;

1. A new statement of account transactions in the bank and a copy of a passbook in the bank;

1. Account transactions (A New Bank);

1. Application of a copy of an application for opening an account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The act of lending electronic financial transaction access media, such as the instant crime, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, is very likely to cause considerable damage by facilitating the commission of other crimes using such access media.

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